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REVISED STATUTES 

OF 

ONTARIO, 1980 



BEING A 



REVISION AND CONSOLIDATION OF THE PUBLIC GENERAL 

ACTS OF THE LEGISLATURE OF ONTARIO, PUBLISHED 

UNDER THE AUTHORITY OF THE STATUTES 

REVISION ACT, 1979 



VOL. 1 



TORONTO 
PRINTED AND PUBLISHED BY THE QUEEN'S PRINTER 



REVISED STATUTES OF ONTARIO, 1980 
VOLUME 1 



TABLE OF CONTENTS 

CHAP. PAGE 

1 — Abandoned Orchards Act 1 

2 — Absconding Debtors Act 5 

3 — Absentees Act 11 

4 — Accidental Fires Act 13 

5 — Accumulations Act 15 

6 — Administration of Justice Act 17 

7 — Age of Majority and Accountability Act 21 

8 — Agricultural Associations Act. 

9 — Agricultural Committees Act. 

10 — Agricultural Development Finance Act 35 

11 — Agricultural Rehabilitation and Development Act (Ontario) 37 

12 — Agricultural Representatives Act ^ 43 

13 — Agricultural Research Institute of Ontario Act 45^ 

14 — Agricultural Societies Act 49 

15 — Agricultural Tile Drainage Installation Act 65 

16 — Airports Act 73 

17 — Alcoholism and Drug Addiction Research Foundation Act 75 

18 — Algonquin Forestry Authority Act 79 

19 — Aliens' Real Property Act 85 

20 — Ambulance Act 87 

21 — Anatomy Act 97 

22 — Animals for Research Act 103 

23 — Apportionment Act 119 

24 — Apprenticeship and Tradesmen's Qualification Act 1 21 

25 — Arbitrations Act 135 

26 — Architects Act 145 

27 — Archives Act 157 

28 — Art Gallery of Ontario Act 161 

29 — Artificial Insemination of Live Stock Act 169 

30 — Arts Council Act 179 

31 — Assessment Act 181 

32 — Assessment Review Court Act 241 

33 — Assignments and Preferences Act 243 

34 — Athletics Control Act 259 

35 — Audit Act 267 



36 — Bail Act 279 

37 — Bailiffs Act 283 

38 — Barristers Act 291 

39 — Beach Protection Act 293 

40 — Beds of Navigable Waters Act 299 

41 — Beef Cattle Marketing Act 301 

42 — Bees Act 311 

43 — Bills of Sale Act 319 

44 — Blind Persons' Rights Act 325 

45 — Blind Workmen's Compensation Act 327 

46 — Boilers and Pressure Vessels Act 329 

47 — Boundaries Act 345 

[iiil 



iV TABLE OF CONTENTS 

VOLUME '\— Continued 

CHAP. PAGE 

48 — Bread Sales Act 351 

49 — Bridges Act 355 

50 — Brucellosis Act 357 

51 —Building Code Act 361 

52 — Bulk Sales Act 379 

53 — Bull Owners' Liability Act 393 

54 — Business Corporations Act 395 

55 — Business Practices Act 555 

56 — Business Records Protection Act 569 



57 — Cancer Act 571 

58 — Cancer Remedies Act 577 

59 — Cemeteries Act 581 

60 — Centennial Centre of Science and Technology Act 61 1 

61 —Certification of Titles Act 615 

62 — Change of Name Act 621 

63 — Charitable Gifts Act 631 

64 — Charitable Institutions Act 635 

65 — Charities Accounting Act 645 

66 — Child Welfare Act 651 

67 — Children's Institutions Act... 735 

68 — Children's Law Reform Act 743 

69 — Children's Mental Health Services Act 749 

70 — Children's Probation Act 759 

71 — Children's Residential Services Act 761 

72 — Chiropody Act 775 

73 — Collection Agencies Act 779 

74 — Colleges Collective Bargaining Act 797 

75 — Commissioners for taking Affidavits Act 837 

76 — Commodity Board Members Act 841 

77 — Commodity Boards and Marketing Agencies Act 845 

78 — Commodity Futures Act 849 

79 — Community Psychiatric Hospitals Act 889 

80 — Community Recreation Centres Act 893 

81 — Commuter Services Act 901 

82 — Compensation for Victims of Crime Act 905 

83 — Compulsory Automobile Insurance Act 917 

84 — Condominium Act 927 

85 — Conservation Authorities Act 977 

86 — Constitutional Questions Act 1001 

87 — Consumer Protection Act 1003 

88 — Consumer Protection Bureau Act 1023 

89 — Consumer Reporting Act 1025 

90 — Conveyancing and Law of Property Act 1043 

91 — Co-operative Corporations Act 1061 

92 — Co-operative Loans Act 1169 

93 — Coroners Act 1175 



ALPHABETICAL TABLE OF STATUTES 

CONTAINED IN THE 

REVISED STATUTES OF ONTARIO, 1980 



VOLUME 1 

CHAP. 

1 —Abandoned Orchards Act 

2 — Absconding Debtors Act 

3 — Absentees Act 

4 — Accidental Fires Act 

5 — Accumulations Act 

6 — Administration of Justice Act 

7 — Age of Majority and Accountability Act 

8 — Agricultural Associations Act 

9 — Agricultural Committees Act 

10 — Agricultural Development Finance Act 

11 —Agricultural Rehabilitation and Development Act (Ontario) 

12 — Agricultural Representatives Act 

13 — Agricultural Research Institute of Ontario Act 

14 — Agricultural Societies Act 

15 — Agricultural Tile Drainage Installation Act 

16 — Airports Act 

17 — Alcoholism and Drug Addiction Research Foundation Act 

18 — Algonquin Forestry Authority Act 

19 — Aliens' Real Property Act 

20 — Ambulance Act 

21 — Anatomy Act 

22 — Animals for Research Act 

23 — Apportionment Act 

24 — Apprenticeship and Tradesmen's Qualification Act 

25 — Arbitrations Act 

26 — Architects Act 

27 — Archives Act 

28 — Art Gallery of Ontario Act 

29 — Artificial Insemination of Live Stock Act 

30 — Arts Council Act 

31 — Assessment Act 

32 — Assessment Review Court Act 

33 — Assignments and Preferences Act 

34 — Athletics Control Act 

35 — Audit Act 



36 — Bail Act 

37 — Bailiffs Act 

38 — Barristers Act 

39 — Beach Protection Act 

40 — Beds of Navigable Waters Act 

41 — Beef Cattle Marketing Act 

42 — Bees Act 

43 — Bills of Sale Act 

44 — Blind Persons' Rights Act 

45 — Blind Workmen's Compensation Act 

46 — Boilers and Pressure Vessels Act 

[vj 



ALPHABETICAL LIST OF STATUTES 

VOLUME '\— Continued 



CHAP. 

47 — Boundaries Act 

48 — Bread Sales Act 

49 — Bridges Act 

50 — Brucellosis Act 

51 — Building Code Act 

52 — Bulk Sales Act 

53 — Bull Owners' Liability Act 

54 — Business Corporations Act 

55 — Business Practices Act 

56 — Business Records Protection Act 



57 — Cancer Act 

58 — Cancer Remedies Act 

59 — Cemeteries Act 

60 — Centennial Centre of Science and Technology Act 

61 — Certification of Titles Act 

62 — Change of Name Act 

63 — Charitable Gifts Act 

64 — Charitable Institutions Act 

65 — Charities Accounting Act 

66 — Child Welfare Act 

67 — Children's Institutions Act 

68 — Children's Law Reform Act 

69 — Children's Mental Health Services Act 

70 — Children's Probation Act 

71 — Children's Residential Services Act 

72 — Chiropody Act 

73 — Collection Agencies Act 

74 — Colleges Collective Bargaining Act 

75 — Commissioners for taking Affidavits Act 

76 — Commodity Board Members Act 

77 — Commodity Boards and Marketing Agencies Act 

78 — Commodity Futures Act 

79 — Community Psychiatric Hospitals Act 

80 — Community Recreation Centres Act 

81 — Commuter Services Act 

82 — Compensation for Victims of Crime Act 

83 — Compulsory Automobile Insurance Act 

84 — Condominium Act 

85 — Conservation Authorities Act 

86 — Constitutional Questions Act 

87 — Consumer Protection Act 

88 — Consumer Protection Bureau Act 

89 — Consumer Reporting Act 

90 — Conveyancing and Law of Property Act 

91 — Co-operative Corporations Act 

92 — Co-operative Loans Act 

93 — Coroners Act 



VOLUME 2 



94 — Corporation Securities Registration Act 

95 — Corporations Act 



ALPHABETICAL LIST OF STATUTES 

VOLUME 2— Continued 

CHAP. 

96 — Corporations Information Act 

97 — Corporations Tax Act 

98 — Costs of Distress Act 

99 — County Court Judges' Criminal Courts Act 

1 00 — Cou nty Cou rts Act 

101 — County Judges Act 

102 — Credit Unions and Caisses Populaires Act 

103 — Creditors' Relief Act 

104 — Crop Insurance Act (Ontario) 

105 — Crown Administration of Estates Act 

106 — Crown Agency Act 

107 — Crown Attorneys Act 

108 — Crown Employees Collective Bargaining Act 

109 — Crown Timber Act 

110 — Crown Witnesses Act 



111 — Day Nurseries Act 

112 — Dead Animal Disposal Act 

1 13 — Debt Collectors Act 

114 — Dental Technicians Act 

115 — Denture Therapists Act 

116 — Deposits Regulation Act 

117 — Development Corporations Act 

118 — Developmental Services Act 

119 — Discriminatory Business Practices Act 

1 20 — Disorderly Houses Act 

121 — District Municipality of Muskoka Act 

122 — District Welfare Administration Boards Act 

123 — Dog Licensing and Live Stock and Poultry Protection Act 
124 — Dog Owners' Liability Act 

125 — Dominion Courts Act 

126 — Drainage Act 

1 27 — Drugless Practitioners Act 



128 — Edible Oil Products Act 

129 — Education Act 

130 — Egress from Public Buildings Act 

131 — Elderly Persons Centres Act 

132 — Elderly Persons' Housing Aid Act 

133 — Election Act 

134 — Election Finances Reform Act 

135 — Elevating Devices Act 

136 — Employment Agencies Act 

137 — Employment Standards Act 

138 — Endangered Species Act 

139 — Energy Act 

140 — Environmental Assessment Act 

141 — Environmental Protection Act 



ALPHABETICAL LIST OF STATUTES 
VOLUME 3 



CHAP. 

142 — Escheats Act 

143 — Estates Administration Act 

144 — Estreats Act 

145 — Evidence Act 

1 46 — Execution Act 

147 — Executive Council Act 

148 — Expropriations Act 

149 — Extra-Judicial Services Act 



150 — Factors Act 

151 — Family Benefits Act 

152 — Family Law Reform Act 

1 53 — Farm Income Stabilization Act 

154 — Farm Loans Act 

155 — Farm Loans Adjustment Act 

156 — Farm Products Containers Act 

157 — Farm Products Grades and Sales Act 

158 — Farm Products Marketing Act 

1 59 — Farm Products Payments Act 

160 — Ferries Act 

161 — Financial Administration Act 

162 — Fines and Forfeitures Act 

1 63 — Fire Accidents Act 
164 — Fire Departments Act 

165 — Fire Fighters Exemption Act 

166 — Fire Marshals Act 

167 — Fish Inspection Act 

1 68 — Fisheries Loans Act 

169 — Flag Act 

170 — Floral Emblem Act 

171 — Fluoridation Act 

172 — Foreign Cultural Objects Immunity from Seizure Act 

173 — Forest Fires Prevention Act 

174 — Forest Tree Pest Control Act 

175 — Forestry Act 

176 — Fraudulent Conveyances Act 

177 — Fraudulent Debtors Arrest Act 

178 — Freshwater Fish Marketing Act (Ontario) 

179 — Frustrated Contracts Act 

180 — Funeral Services Act 

181 — Fur Farms Act 



182 — Game and Fish Act 

183 — Gaming Act 

184 — Gas and Oil Leases Act 

185 — Gasoline Handling Act 

1 86 — Gasoline Tax Act 

1 87 — General Sessions Act 

188 — General Welfare Assistance Act 

1 89 — Gold Clauses Act 

190 — Government Contracts Hours and Wages Act 

191 — Grain Elevator Storage Act 

192 — Guarantee Companies Securities Act 



ALPHABETICAL LIST OF STATUTES 

VOLUME 3— Continued 

CHAP. 

193 — Habeas Corpus Act 

194 — Haliburton Act 

195 — Healing Arts Radiation Protection Act 

196 — Health Disciplines Act 

197 — Health Insurance Act 

198 — Highway Traffic Act 

199 — Historical Parks Act 

200 — Homemakers and Nurses Services Act 

201 — Homes for Retarded Persons Act 

202 — Homes for Special Care Act 

203 — Homes for the Aged and Rest Homes Act 

204 — Horticultural Societies Act 

205 — Hospital Labour Disputes Arbitration Act 

206 — Hospitals and Charitable Institutions Inquiries Act 

207 — Hotel Fire Safety Act 

208 — Hotel Registration of Guests Act 

209 — Housing Development Act 

210 — Human Tissue Gift Act 

21 1 — Hunter Damage Compensation Act 

212 — Hypnosis Act 



213 — Income Tax Act 

214 — Indian Welfare Services Act 

215 — Industrial and Mining Lands Compensation Act 

216 — Industrial Standards Act 

217 — Inkeepers Act 

218 — Insurance Act 

219 — Interpretation Act 

220 — Interprovincial Subpoenas Act 

221 — Investment Contracts Act 



222 — Judges' Orders Enforcement Act 

223 — Judicature Act 

224 — Judicial Review Procedure Act 

225 — Junior Farmer Establishment Act 

226 — Juries Act 

227 — Justices of the Peace Act 



VOLUME 4 



228 — Labour Relations Act 

229 — Lakes and Rivers Improvement Act 

230 — Land Titles Act 

231 — Land Transfer Tax Act 

232 — Landlord and Tenant Act 

233 — Law Society Act 

234 — Legal Aid Act 

235 — Legislative Assembly Act 

236 — Legislative Assembly Retirement Allowances Act 

237 — Libel and Slander Act 

238 — Lieutenant Governor Act 



ALPHABETICAL LIST OF STATUTES 



VOLUME 



Continued 



CHAP. 

239 — Lightning Rods Act 

240 — Limitations Act 

241 — Limited Partnerships Act 

242 — Line Fences Act 

243 — Liquor Control Act 

244 — Liquor Licence Act 

245 — Live Stock and Live Stock Products Act 

246 — Live Stock Branding Act 

247 — Live Stock Community Sales Act 

248 — Live Stock Medicines Act 

249 — Loan and Trust Corporations Act 

250 — Local Improvement Act 

251 — Local Roads Boards Act 

252 — Local Services Boards Act 

253 — Lord's Day (Ontario) Act 



254 — Management Board of Cabinet Act 

255 — Marine Insurance Act 

256 — Marriage Act 

257 — Master and Servant Act 

258 — Matrimonial Causes Act 

259 — McMichael Canadian Collection Act 

260 — Meat Inspection Act (Ontario) 

261 — Mechanics' Lien Act 

262 — Mental Health Act 

263 — Mental Hospitals Act 

264 — Mental Incompetency Act 

265 — Mercantile Law Amendment Act 

266 — Milk Act 

267 — Mineral Emblem Act 

268 — Mining Act 

269 — Mining Tax Act 

270 — Ministry of Agriculture and Food Act 

271 — Ministry of the Attorney General Act 

272 — Ministry of Colleges and Universities Act 

273 — Ministry of Community and Social Services Act 

274 — Ministry of Consumer and Commercial Relations Act 

275 — Ministry of Correctional Services Act 

276 — Ministry of Culture and Recreation Act 

277 — Ministry of Energy Act 

278 — Ministry of the Environment Act 

279 — Ministry of Government Services Act 

280 — Ministry of Health Act 

281 — Ministry of Housing Act 

282 — Ministry of Industry and Tourism Act 

283 — Ministry of Intergovernmental Affairs Act 

284 — Ministry of Labour Act 

285 — Ministry of Natural Resources Act 

286 — Ministry of Northern Affairs Act 

287 — Ministry of Revenue Act 

288 — Ministry of the Solicitor General Act 

289 — Ministry of Transportation and Communications Act 

290 — Ministry of Transportation and Communications Creditors 

Payment Act 

291 — Ministry of Treasury and Economics Act 

292 — Minors Act 

293 — Minors' Protection Act 



ALPHABETICAL LIST OF STATUTES 

VOLUME A— Continued 

CHAP. 

294 — Moosonee Development Area Board Act 

295 — Mortgage Brokers Act 

296 — Mortgages Act 

297 — Mortmain and Charitable Uses Act 



VOLUME 5 



298 — Motor Vehicle Accident Claims Act 

299 — Motor Vehicle Dealers Act 

300 — Motor Vehicle Fuel Tax Act 

301 — Motorized Snow Vehicles Act 

302 — Municipal Act 

303 — Municipal Affairs Act 

304 — Municipal Arbitrations Act 

305 — Municipal Conflict of Interest Act 

306 — Municipal Corporations Quieting Orders Act 

307 — Municipal Elderly Resident's Assistance Act 

308 — Municipal Elections Act 

309 — Municipal Franchises Act 

310 — Municipal Health Services Act 

31 1 — Municipal Tax Assistance Act 

312 — Municipal Unemployment Relief Act 

313 — Municipal Works Assistance Act 

314 — Municipality of Metropolitan Toronto Act 



315 — Negligence Act 

316 — Niagara Escarpment Planning and Development Act 

317 — Niagara Parks Act 

318 — Non-resident Agricultural Land Interests Registration Act 

319 — Notaries Act 

320 — Nursing Homes Act 



321 — Occupational Health and Safety Act 

322 — Occupiers' Liability Act 

323 — Official Notices Publication Act 

324 — Oleomargarine Act 

325 — Ombudsman Act 

326 — One Day's Rest in Seven Act 

327 — Ontario Agricultural Museum Act 

328 — Ontario Deposit Insurance Corporation Act 

329 — Ontario Economic Council Act 

330 — Ontario Education Capital Aid Corporation Act 

331 — Ontario Educational Communications Authority Act 

332 — Ontario Energy Board Act 

333 — Ontario Energy Corporation Act 

334 — Ontario Food Terminal Act 

335 — Ontario Geographic Names Board Act 

336 — Ontario Guaranteed Annual Income Act 

337 — Ontario Heritage Act 

338 — Ontario Highway Transport Board Act 

339 — Ontario Housing Corporation Act 



XII 



ALPHABETICAL LIST OF STATUTES 



VOLUME S— Continued 

CHAP. 

340 — Ontario Human Rights Code 

341 — Ontario Institute for Studies in Education Act 

342 — Ontario Land Corporation Act 

343 — Ontario Law Reform Commission Act 

344 — Ontario Lottery Corporation Act 

345 — Ontario Mental Health Foundation Act 

346 — Ontario Mineral Exploration Program Act 

347 — Ontario Municipal Board Act 

348 — Ontario Municipal Employees Retirement System Act 

349 — Ontario Municipal Improvement Corporation Act 

350 — Ontario New Home Warranties Plan Act 

351 — Ontario Northland Transportation Commission Act 

352 — Ontario Pensioners Property Tax Assistance Act 

353 — Ontario Place Corporation Act 

354 — Ontario Planning and Development Act 

355 — Ontario School Trustees' Council Act 

356 — Ontario Society for the Prevention of Cruelty to Animals Act 

357 — Ontario Telephone Development Corporation Act 

358 — Ontario Transportation Development Corporation Act 

359 — Ontario Unconditional Grants Act 

360 — Ontario Universities Capital Aid Corporation Act 

361 — Ontario Water Resources Act 

362 — Ontario Youth Employment Act 



VOLUME 6 



363 — Operating Engineers Act 

364 — Ophthalmic Dispensers Act 

365 — Oxford (County of) Act 



366 — Paperback and Periodical Distributors Act 

367 — Parks Assistance Act 

368 — Parkway Belt Planning and Development Act 

369 — Partition Act 

370 — Partnerships Act 

371 — Partnerships Registration Act 

372 — Pawnbrokers Act 

373 — Pension Benefits Act 

374 — Perpetuities Act 

375 — Personal Property Security Act 

376 — Pesticides Act 

377 — Petroleum Resources Act 

378 — Pits and Quarries Control Act 

379 — Planning Act 

380 — Plant Diseases Act 

381 — Police Act 

382 — Policy and Priorities Board of Cabinet Act 

383 — Pounds Act 

384 — Power Corporation Act 

385 — Power Corporation Insurance Act 

386 — Powers of Attorney Act 

387 — Prearranged Funeral Services Act 

388 — Prepaid Hospital and Medical Services Act 



ALPHABETICAL LIST OF STATUTES 



XIII 



VOLUME ^-Continued 

CHAP. 

389 — Private Hospitals Act 

390 — Private Investigators and Security Guards Act 

391 — Private Sanitaria Act 

392 — Private Vocational Schools Act 

393 — Proceedings Against the Crown Act 

394 — Professional Engineers Act 

395 — Property and Civil Rights Act 

396 — Provincial Auctioneers Act 

397 — Provincial Court (Civil Division) Project Act 

398 — Provincial Courts Act 

399 — Provincial Land Tax Act 

400 — Provincial Offences Act 

401 — Provincial Parks Act 

402 — Provincial Parks Municipal Tax Assistance Act 

403 — Provincial Schools Negotiations Act 

404 — Psychologists Registration Act 

405 — Pub 

406 — Pub 

407 — Pub 

408 — Pub 

409 — Pub 

410 — Pub 
411— Pub 

412 — Pub 

413 — Pub 

414 — Pub 

415 — Pub 

416 — Pub 

417 — Pub 

418 — Pub 

419 — Pub 

420 — Pub 
421— Pub 

422 — Pub 

423 — Pub 

424 — Pub 

425 — Pub 

426 — Pub 



c Accountancy Act 

c Authorities Protection Act 

c Commercial Vehicles Act 

c Halls Act 

c Health Act 

c Hospitals Act 

c Inquiries Act 

c Institutions Inspection Act 

c Lands Act 

c Libraries Act 

c Officers Act 

c Officers' Fees Act 

c Parks Act 

c Service Act 

c Service Superannuation Act 

c Service Works on Highways Act 

c Transportation and Highway Improvement Act 

c Trustee Act 

c Utilities Act 

c Utilities Corporations Act 

c Vehicles Act 

c Works Protection Act 



427 — Quieting Titles Act 



428 — Race Tracks Tax Act 

429 — Racing Commission Act 

430 — Radiological Technicians Act 

431 — Real Estate and Business Brokers Act 

432 — Reciprocal Enforcement of Judgments Act 

433 — Reciprocal Enforcement of Maintenance Orders Act 



XIV 



ALPHABETICAL LIST OF STATUTES 



VOLUME? 



CHAP. 

434 — Regional Municipa 

435 — Regional Municipa 

436 — Regional Municipa 

437 — Regional Municipa 

438 — Regional Municipa 

439 — Regional Municipa 

440 — Regional Municipa 

441 — Regional Municipa 

442 — Regional Municipa 

443 — Regional Municipa 

444 — Registered Insurance Brokers Act 

445 — Registry Act 

446 — Regulations Act 



ty of Durham Act 

ty of Haldimand-Norfolk Act 

ty of Halton Act 

ty of Hamilton-Wentworth Act 

ty of Niagara Act 

ty of Ottawa-Carleton Act 

ty of Peel Act 

ty of Sudbury Act 

ty of Waterloo Act 

ty of York Act 



VOLUME 8 



447 — Religious Freedom Act 

448 — Religious Organizations' Lands Act 

449 — Replevin Act 

450 — Representation Act 

451 — Research Foundation Act 

452 — Residential Tenancies Act 

453 — Retail Business Holidays Act 

454 — Retail Sales Tax Act 

455 — Riding Horse Establishments Act 

456 — Rightsof Labour Act 

457 — Road Access Act 

458 — Royal Ontario Museum Act 

459 — Rural Housing Assistance Act 

460 — Rural Hydro-Electric Distribution Act 

461 — Rural Power District Loans Act 



462 — Sale of Goods Act 

463 — Sanatoria for Consumptives Act 

464 — School Boards and Teachers Collective Negotiations Act 

465 — School Trust Conveyances Act 

466 — Securities Act 

467 — Seed Potatoes Act 

468 — Settled Estates Act 

469 — Settlers' Pulpwood Protection Act 

470 — Sheriffs Act 

471 — Shoreline Property Assistance Act 

472 — Short Forms of Conveyances Act 

473 — Short Forms of Leases Act 

474 — Short Forms of Mortgages Act 

475 — Small Business Development Corporations Act 

476 — Small Claims Courts Act 

477 — Snow Roads and Fences Act 

478 — Solicitors Act 



479 — Spruce Pulpwood Exportation Act 

480 — Statistics Act 



ALPHABETICAL LIST OF STATUTES 

VOLUME S^Continued 

CHAP. 

481 — Statute of Frauds 

482 — Statute Labour Act 

483 — Statutes Act 

484 — Statutory Powers-Procedure Act 

485 — St. Clair Parkway Commission Act 

486 — St. Lawrence Parks Commission Act 

487 — Stock Yards Act 

488 — Succession Law Reform Act 

489 — Successor Rights (Crown Transfers) Act 

490 — Superannuation Adjustment Benefits Act 

491 — Surrogate Courts Act 

492 — S u rvey o rs Act 

493 — Surveys Act 



494 — Teachers' Superannuation Act 

495 — Teaching Profession Act 

496 — Telephone Act 

497 — Territorial Division Act 

498 — Theatres Act 

499 — Ticket Speculation Act 

500 — Tile Drainage Act 
501— Time Act 

502 — Tobacco Tax Act 

503 — Toll Bridges Act 

504 — Topsoil Preservation Act 

505 — Toronto Area Transit Operating Authority Act 

506 — Toronto Stock Exchange Act 

507 — Tourism Act 

508 — Trai ni ng Schools Act 

509 — Travel Industry Act 

510 — Trees Act 

51 1 — Trespass to Property 

512 — Trustee Act 



513 — Unclaimed Articles Act 

514 — Unconscionable Transactions Relief Act 

515 — Unified Family Court Act 

516 — University Expropriation Powers Act 

517 — Upholstered and Stuffed Articles Act 

518 — Urban Transportation Development Corporation Ltd. Act 



519 — Variation of Trusts Act 

520 — Vendors and Purchasers Act 

521 — Venereal Diseases Prevention Act 

522 — Veterinarians Act 

523 — Vexatious Proceedings Act 

524 — Vital Statistics Act 

525 — Vocational Rehabilitation Services Act 



526 — Wages Act 

527 — War Veterans Burial Act 



xvi ALPHABETICAL LIST OF STATUTES 

VOLUME B— Continued 

CHAP. 

528 — Warehouse Receipts Act 

529 — Warehousemen's Lien Act 

530 — Weed Control Act 

531 — Wharfs and Harbours Act 

532 — Wild Rice Harvesting Act 

533 — Wilderness Areas Act 

534 — Wine Content Act 

535 — Woodlands Improvement Act 

536 — Woodmen's Employment Act 

537 — Woodmen's Lien for Wages Act 

538 — Wool Marketing Act 

539 — Workmen's Compensation Act 

540 — Workmen's Compensation Insurance Act 



Sec. 1 (1) (/) ABANDONED ORCHARDS Chap. 1 

CHAPTER 1 
Abandoned Orchards Act 

l.-(l) In this Act. ^ £^-r- 

(a) "abandoned orchard" means an orchard, 

(i) the fruit of which has not been produced for 
sale for human consumption for two consecu- 
tive growing seasons, and 

(ii) that has been designated by a certificate of 
the Provincial Entomologist as a neglected 
orchard ; 

(6) "Director" means the Director appointed under this 
Act; 

(c) "fruit tree disease" means any disease or injury of a 
fruit tree that is caused by an insect, virus, fungus, 
bacterium or other organism ; 

(d) "fruit trees" means, 

(i) apple trees, 
(ii) cherry trees, 
(iii) grape vines, 
(iv) peach trees, 

(v) pear trees, 

(vi) plum trees, and 

(vii) such other fruit-producing trees, shrubs or 
vines as are designated in the regulations; 

{e) "inspector" means an inspector appointed under this 
Act; 

(/■) "orchard" means an area of land of at least one-fifth 
hectare on which there are at least thirteen fruit trees and 
on which the number of fruit trees bears a proportion to 



2 Chap. 1 ABANDONED ORCHARDS SeC. 1 (1) (/) 

the area of at least sixty-five fruit trees per hectare; 

{g) "owner" means the person shown as the owner of 
the property on the last revised assessment roll of 
the municipality in which the property is located; 

(A) "Provincial Entomologist" means the Provincial En- 
tomologist for Orchards appointed under this Act ; 

(i) "regulations" means the regulations made under this 
Act. R.S.O. 1970, c. 1, s. 1 (1); 1978, c. 87, s. 1 (1). 

Application (2) This Act applies only to orchards any part of which is 
closer than 275 metres to an orchard that is used for the commer- 
cial production of fruit and that does not come within the applica- 
tion of section 4. R.S.O. 1970, c. l,s. 1(2); 1978, c. 87, s. 1(2). 



Administra- 
tion of Act 



2. The Lieutenant Governor in Council may appoint a 
Director to administer this Act, and may appoint a Provincial 
Entomologist for Orchards and one or more inspectors who 
shall carry out such duties as are assigned to them by this Act 
or the regulations or by the Director. R.S.O. 1970, c. 1, s. 2. 



Inspection 3, — (1) An inspector or the Provincial Entomologist may, 

between sunrise and sunset, for the purpose of making an 
inspection, enter any orchard or any premises in which he has 
reason to believe there is an orchard. 



Idem 



Report of 
inspector 



(2) No person shall hinder or obstruct an inspector or the 
Provincial Entomologist in the course of his duties or furnish 
him with false information or refuse to furnish him with 
information. R.S.O. 1970, c. 1, s. 3. 

4. — (1) Where an inspector reports in writing to the Direc- 
tor that in his opinion the majority of the fruit trees in an 
orchard, 

(a) are infected with any fruit tree disease ; 

(b) are affected by such other conditions as are designated 
in the regulations; 

(c) have not been properly pruned, sprayed or treated 
with chemicals; or 

{d) have not otherwise been properly maintained, 

so as to seriously affect at that time the ability of the fruit 
trees to produce fruit commercially, the Director shall cause 



Sec. 5 (4) ABANDONED ORCHARDS Chap. 1 3 

a copy of such report to be served on the owner of the orchard 
and on the Provincial Entomologist together with a notice 
that unless the owner or a person having an interest in the 
orchard mails or delivers to the Provincial Entomologist 
within fifteen days after service of the notice, a notice request- 
ing a hearing, the Provincial Entomologist may issue a certi- 
ficate designating the orchard as a neglected orchard. 

(2) The copy of the report and notice mentioned in sub-S^^v^ce 
section (1) shall be served upon the owner by personal service 
or by mailing them addressed to him at his address shown 
on the last revised assessment roll, and shall be posted in a 
conspicuous place in the orchard. 1971, c. 50, s. 1, part. 

5. — (1) If, within fifteen days after service of the copy i|S'J®Qof^^g 
and notice mentioned in subsection 4 (1), 

{a) the owner or a person having an interest in the 
orchard does not mail or deliver a request for a 
hearing to the Provincial Entomologist, the Pro- 
vincial Entomologist may issue a certificate designat- 
ing the orchard as a neglected orchard ; or 

{h) the owner or a person having an interest in the orchard 
mails or delivers to the Provincial Entomologist, a notice 
requesting a hearing, the Provincial Entomologist shall 
hold a hearing and if, after the hearing, he concurs in the 
report he may issue a certificate designating the orchard 
as a neglected orchard. 

(2) The person requesting the hearing, the inspector making Parties to 
the report and such other persons as the Provincial Ento- 
mologist may specify, are parties to a hearing required under 
subsection (1). 

(3) Where the Provincial Entomologist holds a hearing {°?J'^^^'j°^°^y 
under this section, he may inspect the orchard to which it Entomologist 
relates, affording to the person requesting the hearing or his 
representative an opportunity of being present at the time 

of such inspection, and may take into consideration the result 
of the inspection in reaching his decision. 

(4) A certificate designating an orchard as a neglected flrufi^te 
orchard shall be served upon the owner and, where a hearing 

was held, upon the person requesting the hearing if he is not 
the owner, by mailing or delivering a copy thereof to his 
address last known to the Provincial Entomologist, and a 
copy of the certificate shall be posted in a conspicuous place 
in the orchard. 1971, c. 50, s. 1, part. 



Chap. 1 



ABANDONED ORCHARDS 



Sec. 6 



S*oertifloa^e ®* ^^^ Provincial Entomologist may at any time revoke 
a certificate issued under section 5. 1971, c. 50, s. 1, part. 



Where 
service 
deemed 
made 



7. Where service of a report, notice or certificate under 
section 4 or 5 is made by mail, the service shall be deemed 
to be made on the third day after the day of mailing unless 
the person on whom service is being made establishes that 
he did not, acting in good faith, through absence, accident, 
illness or other cause beyond his control receive the report, 
notice or certificate until a later date. 1971, c. 50, s. 1, part. 



Deetruotion g. Every person who is the owner of an abandoned orchard 

abandoned shall destroy, 
orchards "^ 

(a) all fruit trees in the orchard ; and 

{h) such other trees, shrubs or vines, present in the 
orchard, as are designated in the regulations. R.S.O. 
1970, c. 1, s. 7. 

Penalty 9. — (1) Every person who contravenes any provision of 

this Act or the regulations is guilty of an offence and on 
conviction is liable to a fine of not more than $100. 



Idem 



(2) A person who is convicted of a contravention of sec- 
tion 8 is liable on conviction to a further fine of $2 5 for each day the 
contravention continues after conviction. R.S.O. 1970, c. 1, 
s. 8. 



Regulations jQ. The Lieutenant Governor in Council may make regula- 

tions, 

(a) respecting the issuance and revocation of certificates ; 

(6) prescribing the duties of the Director, the Provincial 
Entomologist and inspectors; 

[c) designating fruit-producing trees, shrubs or vines as 
fruit trees for the purpose of clause 1 (1) {d)\ 

[d) designating conditions affecting fruit trees for the 
purposes of section 4 ; 

[e) designating trees, shrubs or vines for the purposes of 
section 8; 

(/) prescribing forms and providing for their use; 

{g) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 
R.S.O. 1970, c.l,s. 9. 



Sec. 4 ABSCONDING DEBTORS Chap. 2 



CHAPTER 2 
Absconding Debtors Act 



1. In this Act, "property" includes credits and effects. Jnterpre- 
R.S.O. 1970, c. 2, s. 1. '*"°° 

2. — (1) Where a person resident in Ontario departs there- who to^be^^ 
from with intent to defraud his creditors or any of them, or absconding 
to avoid being arrested or served with process, being then 
possessed of any real or personal property therein not exempt 
by law from seizure under execution, he shall be deemed an 
absconding debtor, and such property may be seized and 
taken by an order of attachment for the satisfying of his 
debts. 

(2) The order shall be made only in a pending action, when order 

R.S.O. 1970, C. 2. S. 2. made* 

3. — (1) Upon affidavit made by a plaintiff or his agent ^ffld^avit^ 
that the defendant is indebted to the plaintiff in a sumofatuch- 
exceeding $100, stating the cause of action, and that the 
deponent has good reason to believe and does believe that 
such defendant has departed from Ontario and has gone to 
some place, stating it, to which he is believed to have fled, 
or that the deponent is unable to obtain any information 
as to the place to which he has gone, with intent to de- 
fraud his creditors or any of them, or to avoid being arrested 
or served with process, and was, at the time of his so depart- 
ing, possessed to his own use and benefit of real or personal 
property in Ontario not exempt by law from seizure under 
execution, and upon the further affidavit of two other persons 
that they are well acquainted with the defendant and have 
good reason to believe and do believe that he has departed 
from Ontario with intent to defraud his creditors or any of 
them, or to avoid being arrested or served with process, a 
judge of the Supreme Court may make an order in the 
Supreme Court for the attachment of the property of such 
defendant. 

(2) Where the sum claimed is within the jurisdiction of the ^°^^^^ 
county court, a judge thereof may in like manner make an jurisdiction 
order of attachment in that court. R.S.O. 1970, c. 2, s. 3. 

4. A copy of the order shall be served upon the defendant, service of 
R.S.O. 1970. c. 2. s. 4. 



Chap. 2 



ABSCONDING DEBTORS 



Sec. 5 



Term of 
validity 



5. The order shall remain in force for six months. R.S.O. 
1970, c. 2, s. 5. 



Certified 
copies of 
order 



6. The plaintiff may at any time while the order is in force 
obtain from the proper officer one or more certified copies 
thereof, which may be delivered to any sheriff other than the 
sheriff to whom the original order was delivered, and he may 
thereunder attach the property of the defendant in his bailiwick. 
R.S.O. 1970, c. 2, s. 6. 



Liability of 
property to 
attachment 



Sale of live 
stock and 
perishable 
goods 



7. All the property of an absconding debtor liable to seizure 
under execution may be attached in the same manner as it 
might be seized under execution, and the sheriff to whom the 
order of attachment is directed shall forthwith take into his 
charge all such property, according to the exigency of the 
order, and shall be allowed all necessary disbursements for 
keeping the property, and he shall immediately call to his 
assistance two substantial freeholders of his county, and with 
their aid shall make a just and true inventory of all the 
personal property, evidence of title or debts, books of account, 
vouchers and papers that he has attached, and shall return 
such inventory signed by himself and such freeholders, together 
with the order. R.S.O. 1970, c. 2, s. 7. 

8. — (1) Where horses, cattle, sheep or pigs, or perishable 
property, or such as from its nature cannot be safely kept or 
conveniently taken care of, are taken under an order of attach- 
ment, the sheriff who attaches them shall have them appraised, 
on oath, by two competent persons, and, if the plaintiff desires 
it and deposits with the sheriff a bond to the defendant executed 
by two freeholders, approved as sufficient by the sheriff, in 
double the appraised value of the property, conditioned for 
the payment of the appraised value to the defendant, his 
executors or administrators, together with all costs and 
damages incurred by the seizure and sale thereof, in case 
judgment is not obtained by the plaintiff against the defendant, 
then the sheriff shall proceed to sell all or any of such property 
at public auction to the highest bidder, giving not less than six 
days notice of the sale, unless any of the property is of such 
a nature as not to allow of that delay, in which case the sheriff 
may sell it forthwith, and the sheriff shall hold the proceeds 
for the same purposes as he would hold property seized under 
the order of attachment. 



Restoration 



(2) If the plaintiff, after notice to him or to his solicitor of 
the seizure of any property mentioned in subsection (1), does not 
deposit such bond, then, after four days next after the notice, 
the sheriff is relieved from all liability to the plaintiff in respect 
of the property so seized, and the sheriff shall forthwith restore 
it to the person from whose possession it was taken. R.S.O. 
1970, c. 2, s. 8. 



Sec. 12 (1) ABSCONDING DEBTORS Chap. 2 7 

9. — ( 1 ) Where the sheriff finds any property, or the proceeds i^^'g'hertff °^^ 
of any property that has been sold as perishable, belonging finds pro- 
to the defendant in the custody of a constable or of a bailiff or hands of a 
clerk of a small claims court under a warrant of attachment cferk of a 
issued, or finds money paid into court under a garnishment cmfrt'^^*^"^* 
summons under the Small Claims Courts Act, the sheriff shall R so. iqso. 
demand and is entitled to receive the property or money from 
the constable, bailiff or clerk, who, on demand and notice of 
the order of attachment, shall forthwith deliver it to the sheriff, 
under the penalty of forfeiting double the value thereof, to be 
recovered by the sheriff, with costs of suit, and to be by him 
accounted for after deducting his own costs, as part of the 
property of the defendant, but the creditor who has sued out 
the warrant of attachment or taken the garnishment proceed- 
ings in the small claims court may proceed to judgment, and 
on obtaining judgment, and serving a certificate of the amount 
thereof, and of the costs, under the hand of the clerk and the 
seal of the small claims court, is entitled to share in the distribu- 
tion, if any, bv the sheriff under the Creditors' Relief Act. RS.o. i98o. 

(2) The costs and disbursements of such constable or bailiff P°f,^°^ 

^ ' Dailinor 

are a first charge upon such property and proceeds and shall consubie 
be paid by the sheriff upon demand after being taxed by the 
clerk of the small claims court. R.S.O. 1970, c. 2, s. 9. 

10. The costs of the sheriff for seizing and taking charge of sherifTs 
property under an order of attachment, including the sums how paid 
paid to persons for assisting in taking an inventor^' and for 
appraising, shall be paid in the first instance by the plaintiff, 

and when paid shall be taxed to him as disbursements in the 
action. R.S.O. 1970, c. 2, s. 10. 

1 1. Where the sheriff has made an inventory and appraise- cj>^*jj>^ 
ment on the first order of attachment, he shall not be required 

to make nor shall he be allowed for a new inventory and 
appraisement upon a subsequent order coming into his hands. 
R.S.O. 1970, c. 2, s. 11. 

12. — (1) Where the defendant or any person on his behalf J«|^o^t^io° 
executes and files in the office from which the order of attach- debtor on 

ills fiviiiflr 

ment, or the first order if there are more than one, was issued, security 
a bond to the sheriff with at least two sufficient sureties 
approved by the proper officer in such office or by the local 
judge or master, binding the obligors jointly and severally in 
double the appraised value of the property attached, condi- 
tioned that the defendant {naming him) will whenever re- 
quired by order of a judge of the court pay into court the 
appraised value of the property or so much thereof as will be 
sufficient to satisfy the claims of all creditors who may be 
entitled to share in the proceeds of the property, or will 



Chap. 2 



ABSCONDING DEBTORS 



Sec. 12 (1) 



produce and deliver to the sheriff the property attached, a 
judge of the court may direct that such property be restored 
to the debtor. 



Proceedings 
on default 



(2) If within one month after the property has been attached 
such bond is not executed and filed, a judge of the court may 
direct the sheriff to sell any of the goods and chattels that have 
been attached, except chattels real, upon such terms as the 
judge considers just. R.S.O. 1970, c. 2, s. 12. 



Costs of 

first 

attachment 



13. The costs of the first order of attachment and of the 
execution thereof have priority over all execution debts and 
other costs. R.S.O. 1970, c. 2, s. 13. 



Liability of 14, — (1) Where notice in writing of the order of attach- 
paying debts ment has been duly served by the sheriff, or by or on behalf 
ing debtor' of the plaintiff, upon a person owing a debt or demand to, or 
after notice ^j^^ j^^^^ ^^^ custody or posscssion of property of, the defend- 
attachment ^nt, and such person after such notice pays the debt or 
demand or delivers the property to the defendant or to any 
one for him, he shall be deemed to have done so fraudulently, 
and, if the other property seized by the sheriff is insufficient 
to satisfy the claims of all creditors who are or become en- 
titled to be paid out of the property or the proceeds thereof, 
such person is liable to the sheriff for the amount of the debt 
or demand so paid or for the property so delivered or the 
value thereof. 



Duty of 
sheriff 



(2) The sheriff is not bound to sue until a bond is given by 
one or more of the plaintiffs or claimants with two sufficient 
sureties, who may be another of the plaintiffs or claimants, 
payable to the sheriff by his name of office in double the 
amount of the debt or of the value of the property sued for, 
conditioned to indemnify him from all costs, loss and expense 
that he may incur in the prosecution of the action or to which 
he may become liable in consequence thereof. 



stay of 
proceedings 
taken by 
absconding 
debtor 



(3) If, after the notice mentioned in subsection (1), a person 
indebted to the defendant, or having the custody or possession 
of any of his property, is sued for the debt, demand or property 
by the defendant, or by the person to whom he has assigned 
the debt, demand or property since the date of the order of 
attachment, he may, on affidavit, apply to a judge of the court 
to stay proceedings in the action until it is known whether the 
other property seized by the sheriff is sufficient to satisfy 
the claims mentioned in subsection (1), and the judge may 
direct an issue to try any disputed question of fact or make 
such other order as he considers just. R.S.O. 1970, c. 2, s. 14. 



Sec. 18 ABSCONDING DEBTORS Chap. 2 9 

15. If the other property of the defendant proves insuffi- tjsherfff*^^^ 
cient to satisfy the executions against him and the claims 
certified under the Creditors' Relief Act, and there remain J^ s^o ^^^O' 
debts due to the defendant and the attempt to collect such 
debts would be less beneficial to his creditors than a sale 
thereof, the sheriff may, by leave of a judge of the court, sell 
such debts by pubhc auction after such advertisement as the 
judge directs and, pending such advertisement, the sheriff 
shall keep a list of the debts to be sold open for inspection at his 
office, and shall give free access to all documents and vouchers 
explanatory of such debts ; but every debt amounting to more 
than $100 shall be sold separately, unless the judge otherwise 
directs. R.S.O. 1970, c. 2, s. 15. 

16. — (1) The person who purchases a debt from the sheriff ^^^^^o^f^^ 
may sue for it in his own name, and a bill of sale in Form 1 to sue 
executed by the sheriff is admissible in evidence as prima 
facie proof of such purchase and of the sheriff's authority to 
sell, without proof of the handwriting of the sheriff, or of the 
execution or order, or of the sale. 

(2) In an action by the purchaser, the defendant may sefWhat^^ 
up any defence that would have availed him against the may be 
absconding debtor at the date of the order of attachment. "^ 
R.S.O. 1970, c. 2, s. 16. 

1 7. Where the plaintiff desires to avail himself of the °p"°° 
Creditors' Relief Act, he may, instead of proceeding with his 
action, obtain a certificate and, in that case, may add the 
costs incurred in the action to the amount of his claim, unless 

a judge of the court otherwise orders. R.S.O. 1970, c. 2, s. 17. 

18. Where an order of attachment has been made but no|^^^^^^ 
execution at the suit of a creditor against the property of the end ofhis 
debtor is placed in the sheriff's hands for execution within biiity 
three months thereafter or within such further time as a judge 

of the court directs, all the property of the absconding debtor 
or unappropriated money, the proceeds of any part of such 
property remaining in the sheriff's hands, together with all 
books of account, evidences of title, or of debt, vouchers and 
papers whatsoever belonging thereto, shall be delivered to the 
absconding debtor or to his authorized agent, or to the person 
in whose custody they were found, or, if taken or received 
under section 9, to the constable, bailiff or clerk from whom 
they were taken or received, upon being repaid the amount, 
if any, that the sheriff may have paid under subsection 
9 (2), and thereupon the responsibility of the sheriff in respect 
thereto determines, or, if a bond has been given under section 12, 
the bond shall be delivered up to be cancelled. R.S.O. 1970, c. 2, 
s. 18. 



10 Chap. 2 ABSCONDING DEBTORS Form 1 

FORM 1 

Bill of Sale of a Debt 
(Section 16) 

In consideration of $ , the receipt whereof I hereby 

acknowledge ; 

I, A.B., Sheriff of the County of under and by virtue 

of an order of attachment dated issued under the 

Absconding Debtors Act against the real and personal property of C. D., an 
absconding debtor, and under and by virtue of an order in that behalf, hereby 
sell and assign to E.F. all claim by C. D. against G.H., of {describing the 
debtor), with the evidences of debt and the securities thereto appertaining. 

Witness my hand and seal of office, this day of 19 . . . 

A.B., 
Sheriff of the County of 



R.S.O. 1970, c. 2, Form 1. 



Sec. 6 ABSENTEES Chap. 3 11 



CHAPTER 3 
Absentees Act 

1. An absentee within the meaning of this Act means a ^"tfon"^* 
person who, having had his usual place of residence or domicile 
in Ontario, has disappeared, whose whereabouts is unknown 
and as to whom there is no knowledge as to whether he is alive 
or dead. R.S.O. 1970, c. 3, s. 1. 

2. — (1) The Supreme Court may by order declare a person b^co*urt"°° 
to be an absentee if it is shown that due and satisfactory 
inquiry has been made, or may direct such further inquiry to 
be made and proceedings to be taken as the court considers 
expedient before making any order. R.S.O. 1970, c. 3, s. 2 (1). 

(2) The application for the order may be made by the ^g^^^a*^°°' 
Attorney General, or by any one or more of the next of kin of make 

the alleged absentee, by his or her wife or husband, creditor 
or other person. R.S.O. 1970, c. 3, s. 2 (2); 1972, c. 1, s. 9 (7). 

(3) Any person aggrieved or affected by the order has the Appeal 
right to appeal therefrom. R.S.O. 1970, c. 3, s. 2 (3). 

3. Upon application at any time, the court, if satisfied that ^egjartng 
such person has ceased to be an absentee, may make an order person no 

lonfTGr 

so declaring and superseding, vacating and setting aside the absentee 
order declaring the person an absentee for all purposes except 
as to acts or things done in respect of the estate of the absentee 
while such order was in force. R.S.O. 1970, c. 3, s. 3. 

4. The court may make an order for the custody, due care ^^ticmof 
and management of the property of an absentee, and a com- estate 
mittee may be appointed for that purpose. R.S.O. 1970, c. 3, 

s. 4. 

5. A trust company with or without one or more persons ^^ol^^Jd^® 
may be appointed such committee. R.S.O. 1970, c. 3, s. 5. committee 

6. Where a committee of the estate of an absentee has duties of'^'^ 
been appointed, the powers and duties of the court and com- court and 
mittee are the same with necessary modifications as the powers 

and duties of a court and of a committee of the estate of a mentally 
incompetent person under the Mental Incompetency ^cf. R^^^. ^980, 
R.S.O. 1970, c. 3, s. 6. 



12 



Chap. 3 



ABSENTEES 



Sec. 7 



Powers of 
committee 
to expend 
money out 
of estate 



7. The committee, subject to the direction of the court, 
has authority to expend moneys out of the estate of an absentee 
for the purpose of endeavouring to trace the absentee and 
in endeavouring to ascertain whether he is aHve or dead. 
R.S.O. 1970, c. 3, s. 7. 



Lands In 
Ontario of 
foreign 
absentee 



8. Where a person who has had his usual place of residence 
or domicile out of Ontario and who has an interest in land in 
Ontario has been declared to be an absentee by a court of 
competent jurisdiction, the Supreme Court may by order, upon 
being satisfied that the person has disappeared, that his where- 
abouts is unknown and that there is no knowledge as to 
whether he is alive or dead, appoint a committee with such 
authority to manage, sell or otherwise deal with his interest 
in such land as in the opinion of the court is in his best 
interests and those of his family. R.S.O. 1970, c. 3, s. 8. 



Sec. 1 ACCIDENTAL FIRES Chap. 4 13 

CHAPTER 4 
Accidental Fires Act 



1. No action shall be brought against any person in No action^ 
whose house or building or on whose land any fire accidentally from acci- 
begins, nor shall any recompense be made by him for^*"^^""* 
any damage suffered thereby; but no agreement between 
a landlord and tenant is defeated or made void by this 
Act. R.S.O. 1970, c. 4. s. 1. 



Sec. 1 (4) ACCUMULATIONS Chap. S IS 



CHAPTER 5 

Accumulations Act 

1. — (1) No disposition of any real or personal property Maximum 
shall direct the income thereof to be wholly or partially accum- tion 
ulated for any longer than one of the following terms: 

1. The life of the grantor. 

2. Twenty-one years from the date of making an inter 
vivos disposition. 

3. The duration of the minority or respective minorities 
of any person or persons living or en ventre sa mere 
at the date of making an inter vivos disposition. 

4. Twenty-one years from the death of the grantor, 
settlor or testator. 

5. The duration of the minority or respective minorities 
of any person or persons living or en ventre sa mere at 
the death of the grantor, settlor or testator. 

6. The duration of the minority or respective minorities 
of any person or persons who, under the instrument 
directing the accumulations, would, for the time 
being, if of full age, be entitled to the income directed 
to be accumulated. 

(2) The restrictions imposed by subsection (1) apply in rela- 'Mjp'j^ation 
tion to a power to accumulate income whether or not there is restrictions 
a duty to exercise that power, and such restrictions also apply 
whether or not the power to accumulate extends to income 
produced by the investment of income previously accumulated. 

(3) The restrictions imposed by subsection (1) apply to every ^^^^ 
disposition of real or personal property, whether made before or 
after its enactment. 

(4) Nothing in subsection (1) affects, Previous 
(a) the validity of any act done; or 
{b) any right acquired or obligation incurred, 

under this Act before the 6th day of September, 1966. 



not affected 



16 



Chap. 5 



ACCUMULATIONS 



Sec. 1 (5) 



Accumula- 
tions for the 
purchase 
of land 



(5) No accumulation for the purchase of land shall be 
directed for any longer period than that mentioned in subsec- 
tion (1). 



Application 
of invalid 
accumula- 
tions 



(6) Where an accumulation is directed contrary to this 
Act, such direction is null and void, and the rents, issues, 
profits and produce of the property so directed to be accum- 
ulated shall, so long as they are directed to be accumulated 
contrary to this Act, go to and be received by such person as 
would have been entitled thereto if such accumulation had not 
been so directed. R.S.O. 1970, c. 5, s. 1. 



Saving 
as to debts 
or portions 
for children 



2. Nothing in this Act extends to any provision for pay- 
ment of debts of a grantor, settlor, devisor or other person, 
or to any provision for raising portions for a child of a grantor, 
settlor or devisor, or for a child of a person taking an interest 
under any such conveyance, settlement or devise, or to any 
direction touching the produce of timber or wood upon any 
lands or tenements, but all such provisions and directions may 
be made and given as if this Act had not been passed. R.S.O. 
1970, c. 5, s. 2. 



Rules as 
to accumu- 
lations not 
applicable 
to employee 
benefit 
trusts 



3. The rules of law and statutory enactments relating to 
accumulations do not apply and shall be deemed never to 
have applied to the trusts of a plan, trust or fund established 
for the purpose of providing pensions, retirement allowances, 
annuities, or sickness, death or other benefits to employees 
or to their widows, dependants or other beneficiaries. R.S.O. 
1970, c. 5, s. 3. 



Sec. 2 (4) ADMINISTRATION OF JUSTICE Chap. 6 17 

CHAPTER 6 
Administration of Justice Act 

1. In this Act, "administration of justice" means the pro- J^tfoS^^' 
vision, maintenance and operation of, 

(a) the courts of justice of the Province of Ontario, includ- 
ing small claims courts and provincial courts; 

(b) land registry offices ; 

(c) jails; and 

(d) the offices of coroners, clerks of the peace and Crown 
attorneys, 

for the performance of their functions, including any functions 
delegated to such courts, institutions or offices or any official 
thereof by or under any Act. R.S.O. 1970, c. 6, s. 1. 

2. — (1) The Minister of Government Services on behalf of a»^«™8°'» 
Ontario may, at any time, enter into agreements with the 
council of any municipality for the acquisition or assumption 
by Ontario of property, accommodation, furnishing or equip- 
ment, or of contracts therefor, provided or entered into by the 
municipality for the administration of justice. R.S.O. 1970, 
c. 6, s. 2 (1); 1973, c. 2, s. 2. 

(2) For the purposes of subsection (1), the Minister of Govern- ^^^^ 
ment Services may acquire more property or accommodation 
than is necessary for the purposes of the administration of 
justice, and may enter into agreements with the councils of 
municipalities for the use of any part of such property or 
accommodation by the municipality or a local board thereof 

for municipal purposes. R.S.O. 1970, c. 6, s. 2 (2); 1973, c. 2, 
s. 2. 

(3) Where, by an agreement under subsection (1), the council ^eemed^for 
of a municipality retains or acquires property used for the municipal 

r J n. r r J purposes 

administration of justice, such property shall be deemed to be 
required for the purposes of the municipality. 

(4) Where, immediately before the 1st day of January, 1968, j^iffy^^^' 
a municipality provided accommodation, furnishing and equip- ^®^°g^ent. 
ment that it was required to provide for the purposes of the 
administration of justice, the municipality shall continue to 
provide such accommodation, furnishing and equipment until 



18 



Chap. 6 



ADMINISTRATION OF JUSTICE 



Sec. 2 (4) 



Contracts 
of employ- 
ment 



an agreement is entered into in respect thereof under sub- 
section (1). R.S.O. 1970, c. 6, s. 2 (3, 4). 

3. Notwithstanding the provisions of any contract, where 
a person employed by the municipahty in the administration 
of justice on the 31st day of December, 1967 is offered equiva- 
lent employment by Ontario, the municipality may terminate 
any contract of employment with such person. R.S.O. 1970, 
c. 6, s. 3. 



Portion 
remitted to 
Ontario 



4. Notwithstanding any other Act, every municipality shall 
pay to the Treasurer of Ontario all fines that are required by 
any Act to be paid over to the municipality, other than fines 
imposed for contravention of the by-laws of the municipality 
or a local board thereof. R.S.O. 1970, c. 6, s. 4. 



Retaining 

special 

services 



Employ- 
ment and 
payment 
of inter- 
preter 



Payment 
for special 
services 



Remunera- 
tion of 
witness 
coming to 
Ontario 



5. — (1) Where, in the opinion of the Crown attorney, special 
services are necessary for the detection of crime or the capture 
of a person who is believed to have committed a crime of a 
serious character, he may authorize and direct any person to 
perform such service, and shall certify upon the account to be 
rendered by the constable or other person what he considers 
to be a reasonable allowance to be paid to the person employed, 
and the amount so certified shall be paid to such person out of 
the moneys appropriated by the Legislature for the administra- 
tion of justice. 

(2) The Crown attorney may employ an interpreter in any 
criminal cause or investigation or at a coroner's inquest, and 
the interpreter shall be paid such amount as the Crown attorney 
certifies to be reasonable, and it shall be paid out of the moneys 
appropriated by the Legislature for the administration of 
justice. R.S.O. 1970, c. 6, s. 5. 

6. — (1) Where services are rendered by a person in connec- 
tion with a prosecution and the services are rendered by the 
direction or with the approval of the Deputy Attorney General, 
the person rendering the services is entitled to be paid such sum 
as the Deputy Attorney General directs out of the moneys 
appropriated by the Legislature for the administration of 
justice. R.S.O. 1970, c. 6, s. 6 (1); 1973, c. 5, s. 1 (1). 

(2) Where the Deputy Attorney General is of the opinion 
that it is necessary in order to procure the attendance as a 
witness for the Crown at a criminal trial of a person resident 
out of Ontario and that such person should be compensated 
for his loss of time and expenses in attending the trial, the 
Deputy Attorney General may direct that such sum as he 
considers reasonable be paid to such person out of the moneys 
appropriated by the Legislature for the administration of 
justice. R.S.O. 1970, c. 6, s. 6 (2); 1973, c. 5, s. 1 (2). 



Sec. 7 id) ADMINISTRATION OF JUSTICE Chap. 6 19 

(3) Where the Deputy Attorney General is of the opinion exM^l^^o/ 
that it is advisable to bring a person charged with an offence ^^^^ 
from a place out of or in Ontario to the place of trial in to trial 
Ontario, he may direct that such be done and in every such 
case the expenses incurred in carrying out the direction shall 
be paid out of the moneys appropriated by the Legislature 
for the administration of justice. R.S.O. 1970, c. 6, s. 6 (3) ; 
1971. c. 8, s. Ij 1973, c. 5, s. 1 (3). 

7. The Lieutenant Governor in Council may make regula- Regruiations 
tions, 

(a) requiring the payment of fees for any thing required 
or authorized under any Act to be done by any person 
in the administration of justice and prescribing the 
amounts thereof; 

(6) providing for the payment of fees and allowances 
by Ontario in connection with services under any 
Act for the administration of justice and prescrib- 
ing the amounts thereof; 

(c) requiring the pa\'ment of fees in respect of proceedings in 
any court and prescribing the amounts thereof; 

(d) providing for any special provision considered neces- 
sary in respect of the terms of employment, remunera- 
tion, and benefits of persons employed by munici- 
palities in the administration of justice immediately 
before the 1st day of January, 1968, and becoming 
employed by Ontario on that day, or any class 
thereof. R.S.O. 1970, c. 6, s. 7; 1971, c. 8, s. 2; 
1979, c. 49, s. 1. 



Sec. 4 AGE OF MAJORITY AND ACCOUNTABILITY Chap. 7 21 

CHAPTER 7 
Age of Majority and Accountability Act 

1,^ — (1) Every person attains the age of majority and ceases ^,°^^ 
to be a minor on attaining the age of eighteen years. 

(2) Every person who on the 1st day of September, 1971 has ^^eof°° 
attained the age of eighteen years, but has not attained the age of majority 
twenty-one years, has attained the age of majority and ceased to 
be a minor. 1971, c. 98, s. 1. 

2. Section 1 applies for the purpose of any rule of law in AppHcation 
respect of which the Legislature has jurisdiction. 1971, c. 98, 
s. 2. 

3. — (1) In the absence of a definition or of an indication of ^.^"inor" 
a contrary intention, section 1 applies for the construction of and similar 

,u • << J 1^" <<£ 11 " "• £ i." "■ f •' expressions 

the expression adult , full age , infant , infancy , 
"minor", "minority" and similar expressions in, 

(a) any Act of the Legislature or any regulation, rule, 
order or by-law made under an Act of the Legislature 
enacted or made before, on or after the 1st day of Sep- 
tember, 1971; and 

(b) any deed, will or other instrument made on or after 
the 1st day of September, 1971. 

(2) The use of any expression set out in subsection (1) or ^^^^ 
any similar expression shall not, in itself, be taken to indicate 
a contrary intention for the purposes of this section without 
some further indication of a contrary intention. 1971, c. 98, 
s. 3. 

4. Where, by any Act of the Legislature, an Act of Parlia- ^^fe'd^ra? 
ment or any provision thereof is made to apply in respect of b'^^fe'J^^ce*^ 
any Act or matter or thing over which the Legislature has 
jurisdiction, in applying that Act of Parliament, or that 
provision thereof in respect of that Act, matter or thing, any 
reference to the age of twenty-one years in the Act of 
Parliament or that provision thereof shall be read as a 
reference to the age of eighteen years. 1971, c. 98, s. 5. 



22 



Chap. 7 AGE OF MAJORITY AND ACCOUNTABILITY SeC. 5 (1) 



References 
In court 
orders 



5. — (1) In any order or direction of a court made before 
the 1st day of September, 1971, intheabsenceof an indication of a 
contrary intention, a reference to the age of twenty-one years or to 
any age between eighteen and twenty-one years or to any of the 
expressions referred to in subsection 3(1), and similar expressions 
shall be read as a reference to the age of eighteen years. 



Idem (2) The use of the words "twenty-one years" in an order 

or direction referred to in subsection (1) shall not in itself be 
taken to indicate a contrary intention for the purposes of this 
section without some further indication of a contrary intention. 
1971, c. 98, s. 6. 



Computing 
age 



6. — (1) The time at which a person attains a particular 
age expressed in years shall be on the commencement of the 
relevant anniversary of the date of his birth. 



Idem 



(2) This section applies only where the relevant anniversary 
falls on a day after the 1st day of September, 1971, and in relation 
to any enactment, deed, will or other instrument, has effect sub- 
ject to any provision therein. 1971, c. 98, s. 7. 



Existing 
wills 



7. Notwithstanding any rule of law, a will or codicil 
executed before the 1st day of September, 1971 shall not be treated 
for the purposes of this Act as made on or after that day by reason 
only that the will or codicil is confirmed by a codicil executed on or 
after that day. 1971, c. 98, s. 8. 



Enactments 
incorporated 
in existing 
deeds, etc. 



8. This Act does not affect the construction of a provision 
of an Act of the Legislature or a regulation, rule, order or 
by-law made thereunder that is incorporated in and has effect 
as part of a deed, will or other instrument if the construction 
of the deed, will or other instrument is not affected by 
sections. 1971, c. 98, s. 9. 



Accumula- 
tions 



9. This Act does not invalidate any direction for accumu- 
lation expressed in a settlement or other disposition made by 
deed, will or other instrument and executed before the 1st day of 
September, 1971 that, but for this Act, was a permissible period of 
accumulation. 1971, c. 98, s. 10. 



Perpetuities jq^ This Act does not apply so as to affect the law 
relating to perpetuities. 1971, c. 98, s. 11. 



defences^"'^ 11. This Act does not prejudice a right of action or a 
defence to an action based upon the age of a party and that 
was in existence on the 1st day of September, 1971 and, not- 



Sec. 13 AGE OF MAJORITY AND ACCOUNTABILITY Chap. 7 23 

withstanding this Act, the law that was in force immediately prior 
to that day applies in that case. 1971, c. 98, s. 12. 

12. Where, on the 1st day of September, 1971, a person has, 0/™^^*^° 

(a) attained the age of eighteen years but has not 
attained the age of twenty-one years ; and 

[b) a right of action in respect of which the period 
of limitation applicable to the bringing of the action 
would have commenced to run on his attaining the 
age of twenty-one years had this Act not been 
enacted, 

the period of limitation in respect of that right of action 
commences to run on the 1st day of September, 1971. 1971, 
c. 98, s. 13. 

13. A person who has not attained the age of eighteen Jn^gr'jl 
years may be described as a minor instead of as an infant. Jl^j^*^^ 
1971, c. 98, s. 15. 



Sec. 3 AGRICULTURAL ASSOCIATIONS Chap. 8 25 



CHAPTER 8 
Agricultural Associations Act 



1. In this Act, interpre- 

tation 

(a) "association" means an organization mentioned in 
section 2 or designated under section 2 or to which 
the Act appHes under section 21 or constituted an 
association under section 23 ; 

{b) "Minister" means the Minister of Agriculture and 
Food; 

(c) "Superintendent" means an officer of the Ministry 
of Agriculture and Food designated by the Minister 
as the Superintendent of Agricultural Associations. 
R.S.O. 1970. c. 8, s. 1; 1971. c. 50, s. 3 (1); 1972, c. 1, 
s. 1. 

2. The following associations, societies and organizations are Certain 
bodies corporate under this Act: corporaUons 

under Act 

The Ontario Fruit and Vegetable Growers' Association, 

The Entomological Society of Ontario, 

The Dairymen's Association of Eastern Ontario, 

The Dairymen's Association of Western Ontario, 

The Ontario Poultry Association, 

The Eastern Ontario Poultry Association, 

The OntcU"io Bee-keepers' Association, 

The Ontario Agricultural cind Experimental Union, 

The Ontario Horse Breeders' Association, 

The Gardeners' and Florists' Association, 

The Ontario Com Growers' Association, 

The Ontario Plowmen's Association, 

The Ontario Swine Breeders' Association, 

and such other associations, societies, institutes or organiza- 
tions as the Lieutenant Governor in Council designates. 
R.S.O. 1970. c. 8, s. 2. 

3. The membership of each association shall consist of Membership 
annual subscribers, and the membership fee shall be fixed by 
by-law. R.S.O. 1970, c. 8, s. 3. 



26 



Chap. 8 



AGRICULTURAL ASSOCIATIONS 



Sec. 4 



Constitution 
and by-laws 



4. Each association shall have a constitution and by-laws 
under which the association shall be conducted, and the con- 
stitution and by-laws, and any change, alteration or repeal 
thereof shall be submitted to and approved by the Minister 
before the same has force or effect. R.S.O. 1970, c. 8, s. 4. 



Annual 
meeting 



5. Each association shall hold an annual meeting at such 
time and place as are determined by by-law. R.S.O. 1970, 

c. 8, s. 5. 



Election of 
directors 



6. Each association, at its annual meeting, shall elect a 
board of directors, the number of directors, their representa- 
tion of certain districts or classes of members, and their mode 
of selection being determined by by-law. R.S.O. 1970, c. 8, 
s. 6. 



Non- 
members, 
election of 



7. The members may elect as director a person not a mem- 
ber of the association, but the person so elected must, within 
ten days, become a member, and he is entitled to act as 
director only after he has become a member of the association. 
R.S.O. 1970. c. 8, s. 7. 



statements 
at annual 
meeting 



OfBcers 



Qoorum 



8. At each annual meeting the retiring officers shall present 
a full report of their proceedings and of the proceedings of the 
association and a detailed statement of the receipts and 
expenditure for the previous year and of the assets and liabili- 
ties, duly audited, and a copy of the report and of each of the 
statements of the receipts and expenditure, together with a 
list of the members and a list of the officers elected, and also 
such general information on matters of special interest to each 
association as the association has been able to obtain, shall 
be sent to the Minister within forty days after the holding of 
the annual meeting. R.S.O. 1970, c. 8, s. 8. 

9. — (1) The directors shall, from among themselves, elect a 
president and one or more vice-presidents and shall also from 
among themselves or otherwise elect a secretary and a treasurer 
or a secretary-treasurer. 

(2) Except where otherwise provided, a majority of the 
directors of the association forms a quorum. R.S.O. 1970, 
c. 8, s. 9. 



Powers of 
directors 



10. The directors have full power to act for and on behalf 
of the association, and all grants of money and other funds 
of the association shall be received and expended under their 
direction, subject to the by-laws and regulations of the associa- 
tion. R.S.O. 1970, c. 8, s. 10. 



Sec. 16 (1) AGRICULTURAL ASSOCIATIONS Chap. 8 27 

11. The Minister may appoint a person who shall audit ^^^^°^ 
the accounts of any association, and such auditor shall present 

a report of the result of his audit to the officers of the associa- 
tion, and also to the Minister. R.S.O. 1970, c. 8, s. 11. 

12. The members of the association may by by-law provide J^^jy 
that only those members who have paid their subscriptions at 

least one week in advance of the annual meeting are qualified 
to vote at the annual meeting for the election of directors. 
R.S.O. 1970, c. 8, s. 12. 

13. Except as otherwise provided, a vacancy occurring byjf^g^^^®*^° 
the death or resignation, or failure to qualify as a member, 

of any officer or director may be filled by the remaining officers 
of the association, and it is the duty of such officers to 
nominate and appoint a fit and proper person to fill the office 
for the unexpired term of the person so dying or resigning; 
but, in the event of the remaining officers being insufficient to 
form a quorum or if, for any reason, a quorum cannot be 
obtained, then persons to fill the vacant offices shall be elected 
in the manner provided in section 14. R.S.O. 1970, c. 8, s. 13. 

14. — (1) In the event of an election of any directors of an continuance 
association not being held at the time or place directed by 
by-law or being for any reason illegal and void, the persons 
in office at the time when such officers or directors should 
have been elected shall continue to be the officers of the associa- 
tion until their successors are legally appointed. 

(2) In the event of any such non-election or illegal election, fiSt!"*" 
a special meeting of the members of the association shall, as^J*^ 
soon as practicable, be called in the manner provided by this 
Act, for the election of such directors, and at such meeting 
the election of officers shall take place, and the persons elected 
shall thenceforth, until their successors are appointed, be the 
officers of the association. R.S.O. 1970, c. 8, s. 14. 

15. A special meeting of the directors of an association ^^Y^S^^of 
be called by the president thereof or, in his absence or on his directors 
neglect, by the vice-president, or, in the absence or on the 
neglect of the president and vice-president, by any three 
members of the association, of which meeting at least seven 
days notice shall be given to each member. R.S.O. 1970, c. 8, 
s. 15. 

16. — (1) The treasurer of every association before enter- g^^^^'y 
ing upon the duties of his office shall give such security either 
by joint or several covenant with one or more sureties, or 
otherwise as the board of directors considers necessary, for 
the faithful performance of his duties and especially for the 



28 



Chap. 8 



AGRICULTURAL ASSOCIATIONS 



Sec. 16 (1) 



due accounting for and paying over of all money that comes 
into his hands. 



Duty of 
board as to 
security 



Personal 
responsi- 
bility of 
officers 
for loss 



(2) It is the duty of the board in each year to inquire into 
the sufficiency of the security given by the treasurer and to 
report thereon and, where the same treasurer is reappointed 
from year to year, his reappointment shall not be considered 
as a new term of office but as a continuation of the former 
appointment, and any bond or security given to the association 
for the faithful performance of his duties under such reappoint- 
ment continues valid as against the parties thereto. 

(3) If the officers of an association neglect to procure and 
maintain proper and sufficient security, they are personally 
responsible for all funds of the association in the possession 
of the treasurer. R.S.O. 1970, c. 8, s. 16. 



Legislative 
grant 



17. — (1) Every association is entitled to receive annually 
out of the moneys appropriated by the Legislature for the 
purpose a specified sum on condition, 

{a) that the number of bona fide members is at least 

fifty; 

[h) that the secretary of the association will, on or before 
the 1st day of September in each year, transmit to 
the Minister an affidavit, stating the number of mem- 
bers who have paid their subscriptions for the current 
year, and the total amount of such subscriptions; 

(c) that this Act has been complied with ; and 

id) that none of the funds of the association, from what- 
ever source derived, have been expended in a manner 
inconsistent with the purposes of organization of the 
association. 



mmScfipai'" (^) "^"^ municipal council may grant or loan money or 
councils grant land in aid of any agricultural association formed 
within the limits of the municipality, or partly within the 
limits of such municipality and partly within the limits of 
other municipalities, or wholly within the limits of an adjoin- 
ing municipality, when such association has made the returns 
required by this Act, but the total amount or value of the 
money or land granted or loaned by any municipality to an 
agricultural association under this section shall not exceed 
$5,000 in the case of a city, $2,000 in the case of a town and 
$1,000 in the case of a village. R.S.O. 1970, c. 8, s. 17. 



Sec. 20 (1) AGRICULTURAL ASSOCIATIONS Chap. 8 29 

18.— (1) Where the Superintendent is satisfied, after aj'°^ei^^«°f 
hearing, that an association has ceased for twelve months non-user 
to do business as required by this Act and by its constitution 
and by-laws, or that the business of the association is not 
being properly conducted, he may recommend to the Minister 
that the corporate powers of the association be forfeited and 
the Minister may, after considering the record of the proceedings 
before the Superintendent and affording to any party to the 
proceedings an opportunity for argument, by order declare 
that the corporate powers of the association are forfeited, and 
such powers shall thereupon cease and the Minister may give 
such directions as he considers proper to wind up the affairs 
of the association. 

(2) The association, the complainant if any, and such other ^*'^*®' 
persons as the Superintendent may specify are parties to 
proceedings before the Superintendent under subsection (1). 

(3) The Superintendent or the Minister, as the case may be, ^^**^ 
may, of his own motion or upon the request of any party to 
proceedings under this section, state a case in writing to the 
Divisional Court setting forth any question of law that arises in 

the proceedings and the facts material thereto. 

(4) If the Superintendent or the Minister, as the case may^efusaj 
be, refuses to state a case under this section, the party case 
requesting it may apply to the Divisional Court for an order 
directing him to state such a c£ise. 

(5) Where a case is stated under this section, the Divisional ^o^° 
Court shall hear and determine in a summary manner the 
question raised and shall certify its decision to the Super- 
intendent or to the Minister, as the case may be, and the 
Superintendent or the Minister shall dispose of the proceedings 
under subsection (1) in accordance therewith. 1971, c. 50, 

s. 3 (2). 

19. The Ontario Horticultural Exhibition, the Ottawa g^^^ 
Winter Fair, the Peninsular Winter Fair and such other F^ibitions 

. , , , T • r- incorporated 

organizations as are designated by the Lieutenant Governor 
in Council are corporate bodies under this Act with power to 
acquire and hold land as a site for fairs and exhibitions, to sell, 
mortgage, lease or otherwise dispose of the same or any other 
property held by such body, and the Lieutenant Governor 
in Council may prescribe such constitution, rules and regula- 
tions as are considered necessary. R.S.O. 1970, c. 8, s. 19. 

20. — (1) Any association, society, institute or organization ^we^^of^^g 
mentioned in or designated under section 2 has power to acquire to |cqmre 
and hold land for such purposes as the Lieutenant Governor land 



30 



Chap. 8 



AGRICULTURAL ASSOCIATIONS 



Sec. 20 (1) 



in Council approves and has power to sell, mortgage, lease 
or otherwise dispose of such land. 

Efeutenant (■2) ^^^ Lieutenant Governor in Council may regulate and 

Governor govern the acquisition, holding or disposition of land by 
to regulate associations, societies, institutes or organizations, or by any 
one or more of them. R.S.O. 1970, c. 8, s. 20. 



Admission 
of other 
societies 



21. Upon the petition of any association or society not 
subject to this Act but formed for the purpose of advancing 
the interests of any branch of agriculture being presented to 
the Lieutenant Governor in Council, the Lieutenant Governor 
in Council may declare that this Act applies to the association 
or society so petitioning, and thereafter this Act applies to 
such association or society in the same manner and to the 
same extent as if it had been incorporated under this Act. 
R.S.O. 1970, c. 8, s. 21. 



Advisory 
board for 
live stock 



22. — (1) An advisory board for live stock may be formed to 
advise the Minister regarding matters of interest to the live 
stock industry. 



Board, 
powers and 
duties of 



(2) The Lieutenant Governor in Council may direct how the 
board shall be constituted, and may prescribe tfie duties and 
powers of the board. 



Allowances 
for expenses 



(3) Members of the advisory board shall receive an allow- 
ance for their time and their necessary travelling expenses in 
attending meetings of the board or a committee of the board. 
R.S.O. 1970, c. 8, s. 22. 



Farmers' and 

women's 

institutes 



23. — (1) The formation of boards of agriculture, farmers' 
institutes and women's institutes for the purpose of disseminat- 
ing information in regard to agriculture and of improving 
domestic life shall be permitted under this Act, and the same 
constitute associations under this Act. 



Regulations (2) The Lieutenant Governor in Council may make regula- 
tions providing for the number and location of boards of 
agriculture, farmers' institutes and women's institutes, for their 
general guidance and direction, and fixing the grants and the 
conditions upon which the grants are to be paid. R.S.O. 
1970, c. 8, s. 23. 



Sec. 3 (2) AGRICULTURAL COMMITTEES Chap. 9 31 



CHAPTER 9 
Agricultural Committees Act 

1. In this Act, gte^^re- 

(a) "agricultural organization" includes an agricultural 
co-operative, agricultural association, agricultural 
society, agricultural club and any branch of any of 
them; 

(b) "agricultural representative" means an agricultural 
representative appointed under the Agricultural Rep- R s_o. i98o, 
resentatives Act; 

(c) "county" includes a territorial district; 

(d) "Minister" means the Minister of Agriculture and Food; 

(e) "Ministry" means the Ministry of Agriculture and 
Food. R.S.O. 1970, c. 9, s. 1; 1972, c. 1, s. 1. 

2. — (1) A committee consisting of not more than fifteen Si-nmtion*' 
persons may be formed in any county, and the name of every 
such committee shall bear the name of such county. 

(2) Where only one agricultural representative has been j5^t°°^oi. 
appointed for two counties, one committee may be formed two counties 
for the two counties. 

(3) Where two agricultural representatives have been ap- mYttSor 
pointed for one county, two committees may be formed for one county 
the county. R.S.O. 1970, c. 9, s. 2. 

3. — (1) Where an agricultural representative in a county g^"^^*" 
receives written notice from any three or more agricultural 
organizations within his county requesting the organization 
of an agricultural committee, he shall forthwith call a general 
meeting of representatives of the agricultural organizations 
in the county for the purpose of forming a committee. 

(2) At the meeting a committee of not more than thirteen f^J^^*/t°tee*^ 
persons shall be selected by such mode as is determined at the 
meeting for the current year or until their successors are 



32 



Chap. 9 



AGRICULTURAL COMMITTEES 



Sec. 3 (2) 



Chairman, 
vice- 
chairman 



selected and every agricultural organization is entitled to at 
least one representative on the committee, unless there are 
more than thirteen agricultural organizations represented at 
the meeting, in which event one person may be selected as 
the representative of two or more agricultural organizations. 

(3) The committee so selected shall appoint an acting chair- 
man and acting vice-chairman from among themselves and 
the agricultural representative shall be the acting secretary- 
treasurer of the committee. 



Report to 
Minister 



(4) A report of the meeting, certified by the acting chairman 
and the acting secretary-treasurer showing the names of the 
agricultural organizations represented at the meeting and the 
names and addresses of the persons selected as members of 
the committee, together with such other information as the 
Minister may require, shall be forwarded to the Minister 
within ten days after the holding of the meeting. R.S.O. 
1970, c. 9, s. 3. 



Committee 
declared 
agricultural 
committee 



4. — (1) Upon receipt of the report mentioned in subsection 3 
(4), the Minister may declare such committee to be an agricultural 
committee. 



Members 



Appoint- 
ment of 
members : 



in county 



in district 



Who to be 
members of 
committee 



(2) The members of the committee shall be members of the 
agricultural committee and the agricultural representative 
shall be the secretary-treasurer. R.S.O. 1970, c. 9, s. 4. 

5. — (1) One member may be appointed to the committee 
by the member or members of the Legislature whose electoral 
district or districts include any rural part of the county and 
such member shall hold office during pleasure. 



one 



(2) In the case of a county agricultural committee, v 
member may be appointed annually by the county council 

(3) In the case of a district agricultural committee, one 
member may be appointed by the Minister and shall hold 
office during pleasure. R.S.O. 1970, c. 9, s. 5. 

6. No person shall be selected or appointed as a member 
of a committee except a farmer, farm woman, retired farmer, 
farm youth or an official of an agricultural organization. 
R.S.O. 1970, c. 9, s. 6. 



Annual 
meeting 



7 . The agricultural representative shall call an annual meet- 
ing of representatives of all agricultural organizations in the 
county and members of the agricultural committee for the 
ensuing year shall be selected and a chairman and vice- 
chairman shall be elected thereat in such manner as is pre- 
scribed by the rules of the agricultural committee. R.S.O. 
1970. c. 9, s. 7. 



Sec. 14 AGRICULTURAL COMMITTEES Chap. 9 33 

8. The objects and purposes of an agricultural committee o^'J®*^^*^^** 
are, 

(a) to co-operate with and make suggestions to the 
agricultural representative ; 

(6) to consider and make recommendations to appropriate 
_ authorities with respect to soil conservation, reforesta- 
tion, weed control, health of animals, plant diseases, 
crop production, marketing problems and such other 
matters as are considered advisable for the improve- 
ment of agriculture in the county; 

(c) to co-ordinate the undertakings of the various agri- 
cultural organizations in the county; 

(d) to assist in promoting farm youth activities in the 
county. R.S.O. 1970, c. 9, s. 8. 

0. The Minister may assign to any committee any matter Assignment 
or undertaking that he considers of special interest to agricul- takings 
ture. R.S.O. 1970, c. 9, s. 9. 

10. An agricultural committee may initiate or promote any Promowon 
matter or undertaking for the purpose of improving agricul- or under- 
ture. R.S.O. 1970, c. 9, s. 10. "^^'"^ 

11. Subject to the approval of the Minister, an agricul- ^^stration 

■' . ^^ . . , ■ 1 1 of producers 

tural committee may require producers of any agricultural 
product in the county to register their names and addresses 
with the secretary-treasurer and to furnish such information 
respecting the production, other than cost, of such agricultural 
product as the agricultural committee determines. R.S.O. 
1970, c. 9, s. 11. 

12. An agricultural committee may establish an executive ^j^^J^^^^ 
committee to consist of three or five members for such pur- 
poses as the committee determines. R.S.O. 1970, c. 9, s. 12. 

13. The Lieutenant Governor in Council may make regu- i^^ia"o°s 
lations respecting any matter necessary or advisable to carry 

out effectively the intent and purpose of this Act. R.S.O. 
1970, c. 9, s. 13. 

14. Subject to the approval of the Minister, the travelling Expenses 
expenses of the members shall be paid out of the moneys 
appropriated by the Legislature for the purpose. R.S.O. 1970, 

c. 9. s. 14. 



Sec. 5 AGRICULTURAL DEVELOPMENT FINANCE Chap. 10 35 



CHAPTER 10 
Agricultural Development Finance Act 

1. — (1) The Treasurer of Ontario may borrow money by P^l'^^g^j.^f ^^ 
means of deposits in any amounts and from any persons andon^tarioto 
may open offices for this purpose at such places in Ontario as 
he finds expedient. 

(2) Moneys deposited under this section are subject to^°y|y.^j.Q 
attachment in the same manner as money deposited in a attachment 
chartered bank. R.S.O. 1970, c. 11, s. 1. 

2. The Lieutenant Governor in Council may from time to ^°^^*"°°^ 
time fix the conditions as to interest and repayments that will interest and 
govern such deposits. R.S.O. 1970, c. 11, s. 2. 

3. Moneys borrowed under this Act shall be used for any use of 
of the following purposes: for the public service, for works 
carried on by commissioners on behalf of Ontario, for the 
covering of any debt of Ontario on open account, for paying 
any floating indebtedness of Ontario, and for the carrying on 

of the public works authorized by the Legislature. R.S.O. 
1970, c. 11, s. 3. 

4. All expenses incurred in the administration of this Act^P®"^®^ 
shall be paid out of and all revenue paid into the Consolidated revenues 
Revenue Fund. R.S.O. 1970, c. 11, s. 4. 

5. The Lieutenant Governor in Council may make regu- ^ef'^^^^o"^ 
lations respecting any matter necessary or advisable to carry 

out effectively the intent and purpose of this Act. R.S.O. 
1970, c. 11, s. 5. 



Sec. 1 (e) AGRICULTURAL REHABILITATION, ETC. Chap. 11 37 



CHAPTER 11 

Agricultural Rehabilitation and 
Development Act (Ontario) 

1. In this Act, interpre- 

tation 

(a) "Directorate" means the Agricultural Rehabilita- 
tion and Development Directorate of Ontario ; 

(6) "Minister" means the Minister of Agriculture and 
Food; 

(c) "project" means a project for, 

(i) the more efficient use and economic develop- 
ment of lands, 

(ii) the development of income and employment 
opportunities in rural areas anid improving 
standards of living in those areas, or 

(iii) the development and conservation for agricul- 
tural purposes of water supplies and for soil 
improvement and conservation that will im- 
prove agricultural efficiency ; 

{d) "research program" means a program of research 
and investigation respecting, 

(i) the more effective use and economic develop)- 
ment of lands, 

(ii) the development of income and employment 
opportunities in rural areas and the improve- 
ment of standards of living in those areas, 
and 

(iii) the development and conservation for agricul- 
tural purposes of water supplies and for soil 
improvement and conservation; 



ie) "Treasurer" means the Treasurer of Ontario and Minis- 
ter of Economics. R.S.O. 1970, c. 12, s. 1; 1972, c. 3, 
s. 17 (1). 



38 



Chap. 11 AGRICULTURAL REHABILITATION, ETC. Sec. 2 (1) 



Rehabiiita-* 2. — (1) The Agricultural Rehabilitation and Development 
Development Directorate of Ontario is continued as a body corporate 
of ontark)^^ responsible to the Minister. 

continued 

Composition (2) The Directorate shall consist of three or more members 
Directorate appointed by the Lieutenant Governor in Council. 

^kit-'^'"*"' (^) ^^^ Lieutenant Governor in Council shall designate 

chairman one of the members of the Directorate as chairman and one 
as vice-chairman. 

Quorum (4) A majority of the members of the Directorate con- 

stitutes a quorum, whether or not a vacancy exists in the 
membership of the Directorate. 

Officers (5) The Lieutenant Governor in Council may appoint such 

employees officers, clerks and employees as are necessary for the con- 
duct of the affairs of the Directorate. R.S.O. 1970, c. 12, 
s.2. 

Powers of 3, — (1) Subiect to the approval of the Lieutenant Governor 

Directorate . ^ / ■» \^ 

m Council, the Directorate has power, 



Delegation 
of powers 

R.S.O. 1980, 
c. 85 



(a) to acquire or lease lands for the purpose of projects; 

(b) to equip and develop lands for projects; 

(c) to enter into agreements with persons for use of 
things or services provided under projects; 

(d) to carry out projects in respect of which agreements 
have been entered into by the Minister under this 
Act; and 

(e) to do such acts as are necessary or expedient for 
the carrying out of its operations and undertakings. 
R.S.O. 1970, c. 12, s. 3 (1); 1972, c. 1, s. 2. 

(2) The Directorate may, in respect of any project, delegate 
to any ministry of the Government of Ontario, or to any 
municipal council, or to any authority under the Conserva- 
tion Authorities Act, or to any board or commission whose 
members are appointed by the Lieutenant Governor in 
Council, any or all of the powers of the Directorate under 
subsection (1). R.S.O. 1970, c. 12, s. 3 {2); 1972, c. 1, s. 2. 



Power to 
borrow 
money and 
Issue 
securities 



(3) The Directorate has the power to borrow money and to 
issue securities for the purpose of carrying out any of its 
objects and to make such securities payable as to principal 
and interest at such time or times and in such manner and 
in such place or places as the Directorate determines. 



Sec. 7 (2) AGRICULTURAL REHABILITATION, ETC. Chap. 11 39 

(4) The Directorate, in carrying out its objects, has the powers Additional 
set out in sections 23 and 275 of the Corporations Act. R.S.O. ^^q* jggg 
1970, c. 12, s. 3 (3, 4). c. 95 

4. — (1) The Lieutenant Governor in Council may authorize ^u°)^°^*' 
the Treasurer for and on behalf of Ontario to guarantee the 
payment of any securities issued by the Directorate, the 
repayment of any advances made by chartered banks to the 
Directorate and the payment of any other indebtedness in- 
curred by the Directorate. 

(2) The form of any such guaranty and the manner of its ^°^rant 
execution shall be determined by the Lieutenant Governor 
in Council. R.S.O. 1970, c. 12, s. 4. 

5. All moneys received by the Directorate from the opera- of^^ong""" 
tion of its undertakings or otherwise shall be applied to, 

(a) operating expenses ; 

(6) payment of interest on indebtedness ; and 

(c) a sinking fund established by the Treasurer for the 
repayment of securities guaranteed by the Treasurer 
under subsection 4(1) and for the retirement of any other 
indebtedness of the Directorate, 

and any surplus moneys remaining in any year after paying 
operating exp)enses and interest on indebtedness and repay- 
ing any part of the principal moneys payable in that year 
shall be used for reducing the cost of operating the projects, 
or any of them, reducing the fees, rents or other charges 
charged or made by the Directorate or setting up such 
reserve funds as the Directorate determines. R.S.O. 1970, 
c. 12,s. 5. 

6. The fiscal year of the Directorate commences on the 1st Fiscal 

-^ year 

day of April in each year and ends on the 31st day of March 
in the following year. R.S.O. 1970, c. 12, s. 6. 

7. — (1) The Directorate shall make a report annually to ^°°^*^ 
the Minister, including a report on all projects of the Director- 
ate and the operations thereof and a financial statement certi- 
fied by the Provincial Auditor and such other matters relating 
to the work of the Directorate as the Minister requires. 

(2) A copy of the report shall be filed with the Minister "^^^^^^ 
who shall submit the report to the Lieutenant Governor in 
Council and shall then lay the report before the Assembly if 
it is in session or, if not, at the next ensuing session. R.S.O. 
1970, c. 12, s. 7. 



40 

Audit 



Chap. 11 AGRICULTURAL REHABILITATION, ETC. 



Sec. 8 



8. The accounts and financial transactions of the Director- 
ate shall be audited annually by the Provincial Auditor, and 
a report of the audit shall be made to the Directorate and 
to the Treasurer. R.S.O. 1970. c. 12, s. 8. 



Agreement 
with 

Canada for 
efficient 
use and 
economic 
development 
of lands 



0. — (1) The Minister may, with the approval of the Lieu- 
tenant Governor in Council, enter into an agreement with the 
Government of Canada providing for, 

(a) the undertaking jointly by the Government of On- 
tario or any agency thereof with Canada of projects 
for the more efficient use and economic development 
of lands specified in the agreement ; or 

(b) the payment to Ontario of contributions in respect 
of the cost of such projects undertaken by Ontario 
or any agency thereof. 



Programs (2) The Minister may cause to be prepared and under- 

of I*6S6diPCh 

and taken directly or in co-operation with Canada programs of 

nvestigation j.g5ga^j-(.j^ ^^^ investigation respecting the more effective use 

and economic development of lands in Ontario. R.S.O. 1970, 

c. 12,s.9. 



Agreement 
with 

Canada for 
development 
of income 
and 

employment 
opportunities 
and for 
improving 
standards of 
living in 
rural areas 



10. — (1) The Minister may, with the approval of the 
Lieutenant Governor in Council, enter into an agreement 
with the Government of Canada providing for, 

(a) the undertaking jointly on behalf of the Government 
of Ontario or any agency thereof with Canada of 
projects for the development of income and employ- 
ment opportunities in rural areas specified in the 
agreement and for improving standards of living in 
those areas ; or 



Programs 
of research 
and 
investigation 



Agreement 

with 

Canada 

for the 

development 

and 

conservation 

of water 

supplies 

and for soil 

improvement 

and 

conservation 



(6) the payment to Ontario of contributions in respect 
of the cost of such projects undertaken by Ontario 
or any agency thereof. 

(2) For the purpose of assisting the development of income 
and employment opportunities in rural areas in Ontario and 
the improvement of standards of living in those areas, the 
Minister may cause to be prepared and undertaken with 
Canada programs of research and investigation, and may 
co-ordinate such programs with other similar programs being 
undertaken in Ontario. R.S.O. 1970, c. 12, s. 10. 

11. — (1) The Minister may, with the approval of the 
Lieutenant Governor in Council, enter into an agreement with 
the Government of Canada providing for. 



Sec. 13 AGRICULTURAL REHABILITATION, ETC. Chap. 11 41 

(a) the undertaking jointly with Canada of, 

(i) projects for the development and conservation 
of water supplies for agricultural purposes, 
and 

(ii) projects for soil improvement and conserva- 
tion that will improve agricultural efficiency 
in Ontario or in any area thereof specified in 
the agreement ; or 

(6) the repayment to Ontario of contributions in respect 
of the cost of such projects undertaken by Ontario or 
any agency thereof. 

(2) The Minister may cause to be prepared and undertaken Programs 
directly or in co-operation with Canada programs of research and 
and investigation for the development and conservation of °^®^*^^**^°'^ 
water supplies and for soil improvement and conservation 
in Ontario. R.S.O. 1970, c. 12, s. 11. 

12. Every agreement entered into by the Minister shall, ^2?^*°°^ 

included in 

{a) specify the respective proportions of the cost of any ^™*° 
project to which the agreement relates that shall be 
paid by the governments of Canada and of Ontario 
or the contribution in respect of any such project 
that shall be paid by Canada; 

(6) specify the authority that shall be responsible for 
the undertaking, operation and maintenance of any 
project or any part thereof to which the agreement 
relates ; 

(c) sf)ecify the respective proportions of the revenues 
from any project to which the agreement relates 
that are to be paid to Canada and to Ontario; and 

{d) specify the terms and conditions as to the operation 
and maintenance of any project to which the agree- 
ment relates and the charges, if any, to be charged 
to persons to whom any of the benefits of the project 
are made available. R.S.O. 1970, c. 12, s. 12. 

13. The moneys required for the cost of administration of cost of 

, . i_ 11 1 -1 f administra- 

this Act shall be paid out of moneys appropriated therefor tion 
by the Legislature. R.S.O. 1970. c. 12. s. 13. 



42 Chap. 11 AGRICULTURAL REHABILITATION, ETC. Sec. 14 

Regulations 1 4^ Xhe Lieutenant Governor in Council may make regula- 
tions, 

{a) providing for the establishment of advisory com- 
mittees and the appointment of the members thereof 
and the payment of the remuneration and expenses 
of such members in the carrying out of their duties ; 

{b) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 
R.S.O. 1970, c. 12, s. 14. 



Sec. 3 (3) AGRICULTURAL REPRESENTATIVES Chap. 12 43 



CHAPTER 12 
Agricultural Representatives Act 

1 . In this Act, interpre- 

tation 

(a) "agricultural representative" means a person appointed 

under the Public Service Act to carr\- out the duties of ^^.9 '^*°' 

. c. 418 

agricultural representative for a county, provisional 
county, district municipality, regional municipality or 
territorial district in Ontario; 

(b) "assistant agricultural representative" means a person 
appointed under the Public Service Act to assist an 
agricultural representative in the carrying out of his 
duties. 1973, c. 112, s. I, part. 

2. The agricultural representatives and assistant agricul- Duties and 
tural representatives shall perform such duties as the 
Minister of Agriculture and Food, or such officer of the 
Ministry of Agriculture and Focxi as he may designate, 

may from time to time direct, and any moneys appropriated 
by the Legislature for the purposes of this Act shall be 
expended subject to such direction. 1973, c. 112, s. 2. 

3. — (1) The county council shall, in each year on or county 

• grants 

before a date to be fixed by the Minister of Agriculture 
and Food, pay into a bank to the credit of the agricultural 
representative in charge of each office in the county the 
sum of $500 for the purpose of assisting in carrying on 
the work of the agricultural representative, and such 
sum shall be paid out from time to time by the agricultural 
representative with the approval of the Minister of Agricul- 
ture and Food or of the officer designated as provided 
in section 2. 

(2) An annual statement of the disposition of the sum ^^^*ent 
so set apart together with a statement of the work 
carried on by each agricultural representative in the county 
during the preceding year shall be furnished to the county 
council. R.S.O. 1970, c. 13, s. 4. 

(3) Every district and regional municipality shall be JJ|iS*°** 
deemed to be a county for the purposes of this section. ™^j"' 

1971, C. 45, S. 1. deemed 

counties 



Sec. 2 (7) AGRICULTURAL RESEARCH INSTITUTE Chap. 13 45 



CHAPTER 13 



Agricultural Research Institute of 
^-^ — — Ontario Act 

1 . In this Act, interpre- 

tation 

(a) "Director of Research" means the administrator of 
the Agricultural Research Institute of Ontario; 

(6) "Minister" means the Minister of Agriculture and 
Food; 

(c) "research" means research carried out and services 
provided in respect of agriculture, veterinary medicine 
and household science ; 

{d) "Research Institute" means the Agricultural Re- 
search Institute of Ontario. R.S.O. 1970, c. 14, s. 1. 

2. — (1) The Agricultural Research Institute of Ontario is Agricultural 
continued as a body corporate responsible to the Minister, institute 

of Ontario 
continued 

(2) The Research Institute shall consist of not more than composition 
fifteen members appointed by the Lieutenant Governor in institute 
Council. 

(3) The Lieutenant Governor in Council shall appoint from chairman, 
the persons appointed under subsection (2) a chairman and a chairman 
vice-chairman of the Research Institute. 

(4) An appointment under subsection (2) shall be for a term 't®''"} o/ 

appointment 

of not more than three years but any person is eligible for 
reappointment. 

(5) When the term of a member of the Research Institute Jf\Pj^^"®° 
expires, he continues to be a member until his successor is 
appointed. 

(6) A majority of the members of the Research Institute Quorum 
constitutes a quorum. 

(7) The vice-chairman shall, in the absence or disability ^jj'|fj,^|°f 
of the chairman, possess and exercise the powers and duties 

of the chairman. 



46 



Remunera- 
tion 



Duties of 
Research 
Institute 



Chap. 13 AGRICULTURAL RESEARCH INSTITUTE Sec. 2 (8) 

(8) The members of the Research Institute shall receive 
such remuneration and expenses as the Lieutenant Governor 
in Council determines. R.S.O. 1970, c. 14, s. 2. 

3. The duties and responsibilities of the Research Institute 
are, 

(a) to make rules governing its procedures; 



(b) to appoint an executive committee and such other 
committees as it considers advisable and to delegate 
to any such committee any of its duties and respon- 
sibilities ; 

(c) to inquire into programs of research in respect of 
agriculture, veterinary medicine and household 
science ; 

(d) to select and recommend areas of research for the 
betterment of agriculture, veterinary medicine and 
household science; and 

(e) to stimulate interest in research as a means of de- 
veloping in Ontario a high degree of efficiency in the 
production and marketing of agricultural products. 
R.S.O. 1970, c. 14, s. 3. 

Property 4.^ — (J) ^11 property heretofore or hereafter granted, con- 

veyed, devised or bequeathed for purposes of research to, or 
to any person in trust for, any institution of the Ministry of 
Agriculture and Food that is engaged in research is vested 
in the Research Institute, subject to any trust affecting the 
same. R.S.O. 1970, c. 14, s. 4 (1); 1972, c. 1, s. 1. 

research"'^ (2) The Research Institute may take by gift, grant, dona- 
tion or bequest moneys for use in research. 



Idem 



(3) Moneys received by the Research Institute under sub- 
section (2) shall be held in trust by the Director of Research 
and shall be allocated for programs of research in accordance 
with the terms, if any, of the gift, grant, donation or 
bequest. R.S.O. 1970, c. 14, s. 4 (2, 3). 



Expenditure g^ Except with the approval of the Minister, the Research 
Institute shall not incur any liability or make any expendi- 
ture that is not provided for in the income for the Research 
Institute unless provided for by moneys appropriated there- 
for by the Legislature or for which funds otherwise have 
been furnished therefor. R.S.O. 1970, c. 14, s. 5. 



Sec. 9 (2) ie) agricultural research institute Chap. 13 47 

6. The accounts of the Research Institute are subject to Audit of 
audit by the Provincial Auditor. R.S.O. 1970, c. 14, s. 6. ^^^°"°''^ 

7. The Research Institute shall submit an annual report ^g°°^*^ 
on its affairs to the Minister, who shall submit the report to 

the Lieutenant Governor in Council and shall then lay the 
report before the Assembly if it is in session or, if not, at the 
next ensuing session. R.S.O. 1970, c. 14, s. 7. 

8. The Research Institute shall submit to the Minister o*^*i«'l 

reports 

such reports on its financial affairs and the progress of its 
work as the Minister from time to time requires. R.S.O. 
1970, c. 14, s. 8. 

0. — (1) There shall be a Director of Research appointed J/^^g'^'^g^/j.^jj 
by the Lieutenant Governor in Council who shall be the 
administrator of the business and affairs of the Research 
Institute. R.S.O. 1970, c. 14, s. 9 (1). 

(2) The duties and responsibilities of the Director of Re- Dii-ector^ 
search are, 

(a) to co-ordinate programs of research of the Research 
Institute with programs in comparable areas of re- 
search by other institutions and organizations; 

(6) to select, develop and maintain research programs 
in accordance with the needs of agriculture, veteri- 
nary medicine and household science in Ontario; 

(c) to maintain a balance of effort in research among 
various areas of research; 

(d) to inquire into the efficiency of programs of research 
undertaken in conjunction with academic work at 
other institutions of learning and research in On- 
tario; 

{e) to establish the operational budgets of the Research 
Institute for programs of research in agriculture, 
veterinary medicine and household science at the 
Ontario Agricultural College, the Ontario Veterinary 
College and the Macdonald Institute or any of them 
and at institutions of the Ministry of Agriculture 
and Food that are engaged in research and at other 
institutions in Ontario where the facilities and per- 
sonnel are available for such programs; and 



48 



Chap. 13 AGRICULTURAL RESEARCH INSTITUTE Scc. 9 (2) (/) 



Supervision 
i)\- Director 



(/) to determine matters of integration of research with 
the academic work of the Ontario Agricultural Col- 
lege, the Ontario Veterinary College and the Mac- 
donald Institute and institutions of learning and 
research that are administered by the Ministry of 
Agriculture and Food. R.S.O. 1970, c. 14, s. 9 (2); 
1972, c. 1, s. 1. 

10. The Director of Research shall have supervision over 
every program of research for which funds have been supplied 
by the Research Institute. R.S.O. 1970, c. 14, s. 10. 



Estimates of 1 1 fhe Director of Research shall prepare and submit to 

expenditures . r n i- 

the Mmister an estimate of all expenditures required during 
the next ensuing year. R.S.O. 1970, c. 14, s. 11. 

Comptroller 1 2. — (1) There shall be a Comptroller for the Research 
Institute who is responsible to the Director of Research. 



Duties of 
Comptroller 



(2) The Comptroller shall, 

(a) supervise the business affairs of the Research In- 
stitute; 

ib) prepare the budget for the Research Institute; 

(c) prepare such financial reports and statistical surveys 
as may be required by the Director of Research or 
by the Minister; and 

{d) perform such other duties and functions as may be 
assigned to him from time to time by the Director 
of Research or by the Research Institute. R.S.O. 
1970, c. 14, s. 12. 



Power to 
acquire 
patents, etc. 



13. Subject to the approval of the Minister, the Research 
Institute may purchase or arrange for the use of any inven- 
tion or any interest therein, or any rights in respect thereof, 
or any secret or other information as to any invention, and 
apply for, purchase or otherwise acquire, any patents, interest 
in patents, licences or other rights conferring any exclusive or 
non-exclusive or limited right to make, use or sell any inven- 
tion or inventions and to use, exercise, develop, dispose of, 
assign or grant licences in respect of or otherwise turn to 
account the property rights or information so acquired, and 
possess, exercise and enjoy all the rights, powers and privi- 
leges that the owner of any invention or any rights in respect 
thereof or the owner of a patent or invention or of any 
rights thereunder may possess, exercise and enjoy. R.S.O. 
1970, c. 14, s. 13. 



Sec. 2 (3) AGRICULTURAL SOCIETIES Chap. 14 49 



CHAPTER 14 
Agricultural Societies Act 

1. In this Act, SffoT"- 

(a) "board" means the board of a society; 

(b) "headquarters" means the place named as the 
headquarters in the declaration forming a new 
society or the place approved or named as the 
headquarters by the Minister or the place where 
a society held its last annual exhibition ; 

(c) "Minister" means the Minister of Agriculture and 
Food; 

(d) "Ministry" means the Ministry of Agriculture and 
Food; 

{e) "society" means an agricultural society organized 
under this Act or under any predecessor of this 
Act; 

(/) "Superintendent" means the Director of the Agri- 
cultural and Horticultural Societies Branch of the 
Ministry. R.S.O. 1970, c. 15, s. 1; 1974, c. 46, s. 1. 

2. — (1) Where any dispute arises as to the operation or Disputes 
construction of this Act, the Superintendent shall, after 
a hearing, decide such dispute. 

(2) A party to a dispute under this section may appeal app«*i 
from a decision of the Superintendent to the Minister 
within fifteen days after receipt of a copy of the decision 
of the Superintendent and the Minister may, after con- 
sidering the record of the proceedings before the Super- 
intendent and affording to the party an opportunity to 
submit argument on the appeal, affirm, vary or annul 
the decision of the Superintendent. 



(3) The Superintendent or the Minister, as the case may 
be, may, of his own motion or upon the request of any 
party to a dispute or an appeal, state a case in writing 



stated 
case 



50 



Chap. 14 



AGRICULTURAL SOCIETIES 



Sec. 2 (3) 



to the Divisional Court setting forth any question of law 
that arises at the hearing or on the appeal and the facts 
material thereto. 



Idem 



(4) If the Superintendent or the Minister, as the case 
may be, refuses to state a case under this section, the 
party requesting it may apply to the Divisional Court for 
an order directing him to state such a case. 



Idem 



(5) Where a case is stated under this section, the Divisional 
Court shall hear and determine the question raised in a summary 
manner and shall certify its decision to the Superintendent or the 
Minister, as the case may be, and the Superintendent or the 
Minister shall dispose of the dispute in accordance there- 
with. 1971, c. 50, s. 4 (1). 



Organization 3^ — (j) Subject to subsection (2), a society may be or- 
ganized with headquarters at any place in Ontario. R.S.O. 

1970, c. 15, s. 3 (1). 



Recom- 
mendations 
of existing 
society 



(2) When it is proposed to organize a society with head- 
quarters within forty kilometres of an existing society, the officers 
of the existing society shall be afforded a reasonable opportunity to 
make recommendations to the Minister regarding the advisability 
of organizing the proposed society, and the Lieutenant Governor 
in Council may, upon the recommendation of the Minister, grant 
permission for the organization of the proposed society. R.S.O. 
1970, c. 15, s. 3 (2); 1978, c. 87, s. 2 (1). 



Mode of 
organization : 



declaration 



signatories 
to declara- 
tion 



fees payable 

by 

signatories 



4 . The mode of organization shall be as follows: 

1. A declaration in the form prescribed by the Minister 
shall be signed by the persons who desire to organize a 
society, but such persons must be of the age of eighteen 
years or over and must reside within forty kilometres of 
the place designated in the declaration as the headquar- 
ters of such society. 

2. The declaration shall be signed by at least sixty 
persons, but, in a provisional judicial district or 
provisional county, the number required to sign the 
declaration shall be forty. 

3. Every person who signs the declaration shall pay 
to the person having charge thereof the sum of 
not less than $2 at the time of signing the 
declaration and all such sums of money become 
the property of the society upon its organization, 
but, where no society is organized, such sums 
shall be repaid to the persons entitled thereto. 



Sec. 5 (1) AGRICULTURAL SOCIETIES Chap. 14 51 

4. Within one month after the required number of transmitting 
persons have signed the declaration, the declaration 

shall be forwarded to the Superintendent who may, 
with the approval of the Minister, authorize any 
person to call a meeting for the organization of the 
society. 

5. Such organization meeting shall be held during the^|.\^f^*^ 
^ month of January, or at such other time as the 

Superintendent may authorize, upon at least two 
weeks notice published in a newspaper having a 
general circulation in the district surrounding the 
headquarters of the society and by mailing a notice 
by prepaid mail to each person who has signed the 
declaration. 

6. At the organization meeting, and at every annuan'^°"^ 
and special meeting of a society, fifteen members 
shall form a quorum but, in a provisional judicial 
district or provisional county, ten members shall 
form a quorum. 

7. At the organization meeting there shall be elected ae^ctionof 
board of twelve directors who shall hold office until 

the next annual meeting or until their successors are 
elected, and such directors shall elect a president, a 
first vice-president and a second vice-president 
from among themselves. 

8. The board shall consist of the directors and the^"d 
president, first vice-president and second vice- 
president. 

9. At the organization meeting there shall be elected *'^<^*^" 
two auditors who shall hold office until the next 
annual meeting. 

10. A report of the organization meeting certified byJ^^^J^^V*" 
the president, the secretary and the organizer, organization 

i. • ■ .Lo. ^ t\i^ 1 -i meeting 

containing a statement of the members and a 
list of the officers elected and appointed, shall 
be sent to the Superintendent within one month 
after the holding of the meeting. R.S.O. 1970, c. 15, 
s. 4; 1974, c. 46, s. 2; 1978, c. 87, s. 2 (2). 

5. — (1) Upon receipt of the report mentioned in paragraph J^^J*™^°° 
10 of section 4, the Superintendent, with the approval of the 
Minister, may declare such society to be a society within the 
meaning of this Act and such society shall bear the name desig- 
nated in the declaration as the headquarters or such other name as 
is determined by the members and approved by the Minister. 



52 



Chap. 14 



AGRICULTURAL SOCIETIES 



Sec. 5 (2) 



Change of 
name 



Persons 
entitled to 
membership 



Firms and 
companies 
maybe 
members 



Membership 
fee 



Additional 
directors 



Election of 
directors 
In rotation 



Honorary 
directors 



Objects of 
society 



(2) In case of a dispute as to the name of a society or in a 
case where in the opinion of the Minister the name of a society 
prejudicially affects the interest of another society, he may 
change the name of the society. R.S.O. 1970, c. 15, s. 5. 

6. — (1) Every person is entitled to be a member of a 
society, but no person under eighteen years of age is eligible 
to vote at any meeting of the society or to hold office in the 
society. 

(2) Subject to the by-laws of a society, a firm or an incor- 
porated company may become a member thereof by the pay- 
ment of the regular fee, but the name of one person only 
shall in any one year be entered as the representative or agent 
of such firm or company, and that person only shall exercise 
the privileges of membership in the society. R.S.O. 1970, 
c. 15. s. 6 (1, 2). 

(3) In every society there shall be an annual member- 
ship fee of not less than $2. 1974, c. 46, s. 3. 

7. — (1) Upon the recommendation of the Superintendent, 
the Minister may authorize any society to elect not more than 
six additional directors and not more than six junior directors 
not over twenty-six years of age. 

(2) Where a society is authorized to elect more than twelve 
directors, it may elect all of its directors in rotation, but in 
that case no director shall be elected for a term of more than 
three years. 

(3) Any society may appoint not more than six honorary 
directors, but no such honorary director is entitled to vote or 
take part in meetings of the board. R.S.O. 1970, c. 15, s. 7. 

8. — (1) The objects of a society are to encourage interest, 
promote improvements in, and advance the standards of, 
agriculture, domestic industry and rural life by, 

{a) surveying and studying the agricultural and living 
conditions and by doing such acts as may assist in 
solving the rural economic and social problems of 
the district surrounding the headquarters of the 
society ; 

{b) organizing and holding agricultural exhibitions and 
awarding premiums and exhibiting displays of farm 
products thereat ; 

(c) holding public meetings and demonstrations for the 
purpose of discussing agricultural problems; 

(d) taking action to eradicate poisonous and noxious 
insects, weeds, animal parasites and diseases; 



Sec. 10 (b) AGRICULTURAL SOCIETIES Chap. 14 53 

(e) encouraging and promoting reforestation, rural 
beautification and exterior farm and homestead 
improvements ; 

(/) encouraging young people to become interested in 
and adopt better agricultural and domestic practices 
and for such purposes to hold competitions ; 

{g) holding races or trials of speed for horses. R.S.O. 
- 1970. c. 15, s. 8 (1); 1974, c. 46, s. 4. 

(2) A society that expends any of its funds in a manner when rrant 
inconsistent with the objects set out in subsection (1) forfeits all 
claims to participate in any legislative grant. R.S.O. 1970, 
c. IS, s. 8(2). 

9. — (1) Every society shall hold an annual meeting during J^^g^j^ 
the month of January at such time and place as the board 
determines or, subject to the approval of the Superintendent, 
at such other time and place as are fixed by the by-laws of 
the society. 

(2) At any such meeting only those members who were who may 
members of the society during the previous year and who 

have paid the membership fee for the current year are entitled 
to vote. 

(3) At least two weeks notice of every annual meeting shall ^^uai^^ 
be given by publication of a notice of the meeting in at least meeting 
one newspaper having a general circulation in the munici- 
pality in which the headquarters of the society is situate and 

by mailing notices of the meeting to every member of the 
society at the address furnished to the secretary. 

(4) Where a society fails to hold its annual meeting at the JJ^=^|^^^j^^ 
time mentioned in subsection (1), the Minister may appoint a time wmejor 
and place for holding it. R.S.O. 1970, c. 15, s. 9. ""^^ ^ 

10. At every annual meeting, procedure 

(a) the board shall present a report of the activities and '"®®"°* 
accomplishments of the society since the last annual 
meeting and a detailed statement of the receipts and 
expenditures since the last annual meeting and a 
statement of the assets and liabilities of the society, 
certified by the auditors, in the form prescribed by the 
Minister; and 

(b) the officers and other members of the board, includ- 
ing the auditors, shall be elected and appointed in 
the manner provided by section 4 and any additional, 
honorary and junior directors shall be elected and 
appointed. R.S.O. 1970, c. 15, s. 10. 



54 



Chap. 14 



AGRICULTURAL SOCIETIES 



Sec. 11 (1) 



Annual 
returns 



Statement 1 1, — (1) A Statement of officers and members and a copy 

toSuperin- of the report and financial statement in the form prescribed 
by the Minister and certified by the president, secretary 
and treasurer, or secretary-treasurer, and auditors to be 
true copies shall be forwarded to the Superintendent within 
ninety days after the holding of the annual meeting. 1974, 
c. 46. s. 5 (1). 

(2) The officers of every society shall, on or before the 1st 
day of March in every year, forward to the Superintendent a 
return in the form prescribed by the Minister verified by an 
affidavit of an officer of the society showing the amount 
expended during the previous year by the society for agri- 
cultural purposes. R.S.O. 1970, c. 15, s. 11 (2). 

^atement (3) Where a society exhibits a display of a farm prod- 

competitions, uct that is produced on a commercial basis or holds a 

etc. z' 1 -1 -1 • • 

field-crop or other competition or sponsors an amateur 
program, using local talent to provide entertainment, and 
such display, competition, or amateur program is approved 
by the Superintendent, the officers of the society shall 
within ninety days thereafter forward to the Superintendent 
on a form supplied by the Ministry a statement showing 
the particulars of the display, competition or amateur 
program including, where applicable, the number of entries 
and the expenditures, including prizes awarded, in con- 
nection therewith. 1974, c. 46, s. 5 (2). 

(4) Any officer of a society who wilfully makes a false 
statement in any report or statement required to be furnished 
under this Act is guilty of an offence and on convic- 
tion is liable to a fine of not more than $100 or to imprisonment 
for not more than thirty days, but no prosecution under this 
subsection shall be commenced later than one year after the 
making of such report or statement. R.S.O. 1970, c. 15, 
s. 11 (4). 

12. On the petition of thirty members of a society, the 
secretary, and in his absence, the president or first vice- 
president, shall call a special general meeting for the transaction 
of the business mentioned in the petition and the meeting shall 
be advertised in the manner prescribed by subsection 9 (3) 
and the advertisements shall state the nature of the business to be 
transacted. R.S.O. 1970, c. 15, s. 12. 



Penalty 
for false 
statement 



Special 
meeting 



may^require 1^* ^^^ Minister may at any time require any society or 
information any officer of a society to furnish such information regarding 
the society as he considers necessary or desirable and such 
information shall be accompanied by an affidavit of all or any 
of the officers of the society deposing to its accuracy. R.S.O. 
1970, c. 15, s. 13. 



Sec. 16 (3) AGRICULTURAL SOCIETIES Chap. 14 55 

14. — (1) In the event of failure to hold the annual meetine P^8»ol"^^°° 

. . , • 1 1 • A -1 ^° certain 

of a society in accordance with this Act, or in the event that instances 
the number of members of a society on the 1st day of 
September in any year is less than the number required for 
organization, the society is not entitled to receive any further 
legislative grant and shall be deemed to be dissolved, subject 
always to the direction of the Minister, and the persons 
comprising the board during the last year of the existence of 
the society shall be trustees of the assets of the society and 
shall forthwith deliver to the Superintendent a statement of 
the assets and liabilities of the society. 

(2) Subject to the approval of the Minister, the Super- J*y™«°*^ of 
intendent may direct the members of the board to pay the dissolution 
debts of the society out of the moneys and other assets 
remaining in their hands and to liquidate any of the assets for 

such purpose. 

(3) Subject to the approval of the Minister, any moneys and^j^^||.^^°'^ 
other assets remaining after the payment of debts shall be after debts 
disposed of by the board in such manner as they determine. 

(4) When a society dissolves or ceases to exist, it may be ^e°''»*°i2a- 
reorganized with necessary modifications in the manner pre- 
scribed by section 4. R.S.O. 1970, c. 15, s. 14. 

15. A meeting of the board shall be called by the secretary ^^®j^^^|» 
upon the direction of the president, or in his absence by the 
first vice-president, or in the absence of the president and the 
first vice-president, by the second vice-president, or by any 
three members of the board, by sending notice thereof to all 
the members of the board at least seven days before the time 
fixed for the meeting, but a meeting of the board may be held 
without notice immediately following any annual, regular or 
special meeting of the society. R.S.O. 1970, c. 15, s. 15. 

16. — (1) Subject to the by-laws and regulations of the Powers of 
society, the board has power to act for and on behalf of the 
society in all matters. 

(2) Seven of the members of the board constitute a quorum. Quorum 

(3) In the event of a vacancy occurring on the board by the ^^ciScies 
death or resignation of any officer or director or otherwise, 

the remaining members of the board have power to appoint 
any member of the society to fill the vacancy, but, when three 
or more vacancies occur at the same time, the Superintendent 
may order the remaining members of the board to call a special 
general meeting of the society in the manner prescribed by sec- 
tion 9 and directors shall be elected and appointed at such 
meeting to fill the vacancies. 



56 



Chap. 14 



AGRICULTURAL SOCIETIES 



Sec. 16 (4) 



Executive 
committee 



Manager 



Secretary, 
treasurer 



Remunera- 
tion and 
expenses 



Meetings 



Security by 
treasurer of 
society 



Duty of 
board as to 
security 



Personal 
responsi- 
bility of 
officers for 
loss 



(4) The board, from among themselves, may appoint an 
executive committee of not more than five members to exercise 
and perform such of its powers and duties as the board 
prescribes. 

(5) The board may appoint a manager to perform such of 
its powers and duties as it prescribes. 

(6) The board, from among themselves or otherwise, shall 
appoint a secretary and a treasurer, or a secretary-treasurer, 
who shall remain in office during pleasure, and the secretary 
or secretary-treasurer shall be a member of every committee 
that is appointed by the board and may be appointed manag- 
ing director acting under the control and with the approval of 
the board. R.S.O. 1970, c. 15, s. 16 (1-6). 

(7) No officer, director or member of a society, except 
the secretary, treasurer, secretary-treasurer or manager, 
shall receive any remuneration for carrying out his duties 
as officer, director or member, but travelling and living 
expenses may be allowed to any officer, director or member 
while engaged in duties on behalf of the society, and the 
board may fix such remuneration and travelling and living 
expenses, which shall be payable out of the funds of the 
society. 1974, c. 46, s. 6. 

17. Subject to section 9, the board may determine what 
regular or special meetings of the society are to be held during 
each year. R.S.O. 1970, c. 15, s. 17. 

18. — (1) The treasurer or secretary-treasurer of every 
society, before entering upon the duties of his office, shall 
give such security to the society, either by joint or several 
covenant with one or more sureties, in such form and for such 
amount as the board considers necessary for the faithful 
performance of his duties, and especially for the due accounting 
for and paying over of all moneys that come into his hands. 

(2) It is the duty of the board in each year to inquire into 
the sufficiency of the security given by the treasurer or 
secretary-treasurer and to report thereon to the society, and, 
where the same treasurer or secretary-treasurer is reappointed 
from year to year, his reappointment shall not be considered 
as a new term of office but as a continuation of the former 
appointment and any security given to the society for the 
faithful performance of his duties under such reappointment 
continues valid as against the parties thereto. 

(3) If the board neglects to procure and maintain proper 
and sufficient security, each member thereof is personally 
responsible for all funds of the society that may have been 
received by the treasurer. R.S.O. 1970, c. 15, s. 18. 



Sec. 22 AGRICULTURAL SOCIETIES Chap. 14 57 

19. — (1) By-laws and regulations of a society may be made, fe^'^i^^*°** 
adopted, amended or repealed at any organization, annual or 
regular meeting of the society or at a special meeting of which 
notice has been given in the manner provided by subsection 
9(3). R.S.O. 1970, c. 15, s. 19(1). 

(2) The officers of a society may by their rules and Pr&venting 

, . , -, • 1 1 • 1 • certain per- 

regulations prohibit and prevent theatrical, circus or acro-formances, 
batic performances, exhibitions or shows and may also eta ^ ®"'^' 
regulate or prevent the huckstering or trafficking in fruit, 
goods, wares or merchandise on the exhibition grounds 
or within 275 metres thereof on the day of an exhibition, and any 
person who, after notice of such rules and regulations, con- 
travenes any provisions thereof is liable to be removed by an 
officer of the society, a person appointed under subsection 
30 (1), or a police officer, and is liable to the penalties provided in 
this Act. 1974, c. 46, s. 7; 1978, c. 87, s. 2 (3). 

20. — (1) Every society is a body corporate with power toi?corpora- 
acquire and hold land as a site or as an enlargement of an power to 
existing site, and the society has and may exercise the like 
powers as to lands required for the enlargement of an existing 
site as in the case of lands required for the original site, for 
fairs and exhibitions, and, subject to the approval of a meeting 
of the society called for that purpose, may sell, mortgage, lease 
or otherwise dispose thereof or of any other property held by 
the society, but no lands of a society shall be mortgaged without 
the written approval of the Superintendent. 

(2) At least two weeks previous notice of such meeting shall Noticeof ^^ 
be given by advertisement in at least one newspaper having consider 
a general circulation in the area surrounding the headquarters of property 
of the society, and at such meeting only those persons are 
entitled to vote who are members for the current year and who 
were members for the two previous years. R.S.O. 1970, c. 15, 
s. 20. 

21. Subject to the approval of the Minister, a society may Power to 

1 , , '^r , , . , ,./..-' expropriate 

expropriate land selected as a site for fairs and exhibitions land 

or as an enlargement of an existing site, and approved therefor 

at a meeting of the society called for that purpose, in accordance 

with the Expropriations Act, and the provisions of that Act R s o. i980, 

apply to any expropriation under this section. R.S.O. 1970, 

c. 15, s. 21. 

22. Any township society and town or village munici- Joint 
pality that had, before the 4th day of March, 1868, jointly lands'witS" 
purchased and held any land or building for the purpose of '"""^"p*^^'^ 
agricultural fairs or exhibitions may continue jointly to hold 

the land or building, or may sell, mortgage, lease or otherwise 
dispose thereof, subject to the approval of a meeting of the 
society as provided in section 20. R.S.O. 1970, c. 15, s. 22. 



58 Chap. 14 AGRICULTURAL SOCIETIES See. 23 

Provincial 23. On the recommendation of the Minister, every society 

Gn*£Lll.ti8 

is entitled to receive a grant out of the moneys appropriated 
by the Legislature for that purpose on condition, 

(a) that the number of paid-up members for the current 
year is not less than sixty, except in the case of 
societies organized in provisional judicial districts and 
a provisional county where the number of paid-up 
members shall not be less than forty ; 

{b) that all reports and returns required by this Act 
have been made to the satisfaction of the Super- 
intendent ; 

(c) that the annual meeting has been held as required 
and the officers elected in accordance with section 10; 

(d) that the objects of the society as prescribed by sec- 
tion 8 have been strictly adhered to, and that none of 
the funds of the society, from whatever source derived, 
have been expended in any manner not in harmony 
with such objects; and 

(e) that all other provisions of this Act have been com- 
plied with. R.S.O. 1970, c. 15, s. 23. 

of^^Tnts 2^* — (^) G^rants shall be paid to societies out of moneys 

appropriated for the purpose by the Legislature, except the 
moneys appropriated under sections 25 and 26, according to 
the following plan : 

1. A newly-organized society, during the first three 
years of its existence, shall receive a grant each year 
equal to $1 per member up to 300 members. 

2. Where a society complies with subsection 11 (3), 
and its statement is satisfactory to the Superintendent, it 
shall receive a grant, 

i. where it has sponsored a farm or home- 
stead improvement competition, equal to 
one-half of the sum expended by the society 
as shown by the statement of its expendi- 
tures for the competition, but in no case 
shall the grant be more than $300, 

ii. where it has sponsored a special event 
with light horses, equal to one-third of 
the sum expended by the society as shown 
by the statement of its expenditures for the 
event, but in no case shall the grant be 
more than $500, 



Sec. 24 (2) AGRICULTURAL SOCIETIES Chap. 14 59 

iii. where it has sponsored an amateur pro- 
gram, using local talent to provide enter- 
tainment, equal to one-third of the sum 
expended by the society as shown by the 
statement of its expenditures for the amateur 
program, but in no case shall the grant be 
more than $500, and 

iv. where it has sponsored a display or com- 
petition not referred to in sub-paragraph 
i, ii or iii, equal to one-half of the sum expended 
by the society as shown by the statement of its 
expenditures for the display or competition, but 
in no case shall the grant be more than $200 for a 
display or more than $75 for a competition. 

3. Where a society complies with subsections 11 (1) 
and (2) and its statement is satisfactory to the Superin- 
tendent, it shall receive a grant equal to one-third of the 
average amount expended by the society during the 
three preceding years for agricultural purposes, as 
shown by the statements forwarded to the Superinten- 
dent, but, 

i. societies in a provisional judicial district 
or provisional county shall receive their 
grants on the basis of double the amount of 
other societies, 

ii. no grant shall be paid under this paragraph 
respecting an expenditure qualifying for a 
grant under paragraph 2, and 

iii. no society shall in any year receive a 
grant in excess of $1,500. R.S.O. 1970, c. 15 
s. 24 (1); 1974,0. 46, s. 8. 

(2) If the Superintendent, upon receiving proof on or before ^"eregate 
the 31st day of October in any year, by the joint affidavit receipts 
of the president, secretary and treasurer or secretary-treasurer 
of an agricultural society, that rain or snow fell at the place 
of holding an exhibition before 3 o'clock in the afternoon on 
any day during which the exhibition was held or that during 
the exhibition or within thirty days prior thereto one or more 
buildings on the exhibition grounds was destroyed by fire or 
storm, is satisfied that as a consequence of such weather or 
such destruction the gate receipts were less than the average 
gate receipts for exhibitions held by the society during three 
previous normal years, the society is entitled to receive a 



60 



Chap. 14 



AGRICULTURAL SOCIETIES 



Sec. 24 (2) 



grant of not more than 90 per cent of the difference between 
the gate receipts of the current year and the average amount 
of the gate receipts of such three previous years, but no society 
shall in any year receive a grant in excess of $1,000 for any 
such loss in gate receipts. 



Grant where 
gate receipts 
reduced 
owing to wet 
weather 



Decrease 
in grants 



(3) In the event of a society that has been organized for 
only two years suffering loss in gate receipts owing to wet 
weather, it shall receive a grant equal to 75 per cent of the 
difference between the gate receipts of the current year and 
those of the previous year, and, in case of loss of gate receipts 
from the above cause during the third year of a society's 
existence, the grant shall be 75 per cent of the difference 
between the gate receipts of that year and those of the average 
of the two previous years, but no society shall in any year 
receive a grant in excess of $1,000 for any such loss in gate 
receipts. 

(4) Where the moneys appropriated by the Legislature are 
insufficient to pay the grants under subsections (2) and (3), the 
grants shall be decreased ^yo rata. R.S.0. 1970, c. 15, s. 24 (2-4). 



Special aid 
to certain 
exhibitions 



25. The money that is appropriated by the Legislature for 
the purpose of this section shall be divided among The Cana- 
dian National Exhibition Association of Toronto, The Central 
Canada Exhibition of Ottawa, and The Western Fair Associa- 
tion of London in proportion to the amount of money expended 
for agricultural purposes by such associations as mentioned 
in section 8, provided. 



that not more than 
association ; 



!,500 shall be paid to any such 



(6) that returns have been made to the Superintendent 
similar to those prescribed by section 1 1 in a manner 
satisfactory to the Superintendent ; 

(c) that no other grants have been received under this 
Act; and 

[d) that the Minister has approved such grant, 

but no such society shall in any year receive a grant in excess 
of 50 per cent of the moneys appropriated by the Legislature 
for the purpose of this section for such year. R.S.O. 1970, 
c. 15, s. 25. 



^antson 26. The Minister may make annual grants on account of 

capfta?*"^ capital expenditure to any society or class of society in such 
expenditure amounts and on such terms and conditions as the regulations 



Sec. 27 (4) AGRICULTURAL SOCIETIES Chap. 14 61 

prescribe out of such moneys as are appropriated therefor by 
the Legislature. R.S.O. 1970, c. 15, s. 26. 

27. — (1) Any municipal council may grant or loan money g;^'^*^' 
or grant land in aid of any agricultural society formed municipal 
within the limits of the municipality, or partly within °°^^^ 
the limits of such municipality and partly within the 
limits of other municipalities, or wholly within the limits 
of an adjoining municipality, when such society has made 
the returns required by this Act. 1974, c. 46, s. 9. 

(2) If the grant is a loan of money to enable the society to fo*°i'^g 
acquire land, the municipality may hold the land so acquired frommuni- 
or may take a mortgage thereon as security for the amount ""^ *^ •' 
of the grant until the amount of the grant is repaid to the 
municipality. 

(3) Any such municipality owning land or buildings for ^«J2*'"*°{" 
public purposes may make agreements on such terms and buildings 
for such periods as it considers expedient with any company 
formed under chapter 196 of the Revised Statutes of Ontario, 

1897, or under any enactment that may be substituted therefor, 
or with any agricultural society for the use of such land or 
buildings, or either of them, or for the privilege of erecting upon 
such land, subject to such terms as may be agreed upon, such 
buildings as it may require for agricultural and industrial 
shows, and to give the company the power of renting such 
land and buildings, when owned by the company, to any 
agricultural society formed under this Act for the purposes 
of the annual show of the society, and to grant to such 
company or society the power to collect during such show, 
or at other times, as may be agreed, from any person wishing 
to go into or upon any such land or buildings, or for any 
privilege thereon, or for any carriage, wagon or other vehicle, 
or for any horse or other animal that may be taken thereon, 
such entrance fee or other charge as the company or society 
considers necessary or expedient. 

(4) Any municipality may pass by-laws providing for the By-iawsfor 

'. -'j.,.'-' J r J r o common use 

erection of buildings upon parks, fair grounds or other property of buiidin^grs 

belonging to the municipality for the joint purposes of the property 

municipality and of any agricultural society, or other body, 

or trustees for any club or society, upon such agricultural 

society, other body, or trustees undertaking to contribute to 

the cost of such buildings, and in such case the municipality 

may grant leases for a term not exceeding twenty-one years 

to such agricultural society, other body, or trustees, for the use 

of such buildings at such time as to the council seems proper, 

and upon such terms as may be arranged with the council, and 



62 



Chap. 14 



AGRICULTURAL SOCIETIES 



Sec. 27 (4) 



Exemption 

from 

taxation 



the powers hereby granted may be exercised in respect of 
any building erected since the 1st day of January, 1919. 
R.S.O. 1970, c. 15, s. 27 (2-4). 

28. The property of an agricultural society is exempt from 
taxation, other than taxes for local improvements, when in 
actual occupation by the society or by its tenants if the rent 
is applied solely for the purposes of the society. R.S.O. 1970, 
c. 15, s. 28. 



Regulations 29. The Lieutenant Governor in Council may make regula- 
tions, 

{a) providing the terms and conditions upon which socie- 
ties may hold races or trials of speed for horses and 
the amount of money that societies may award as 
prizes therefor; 

(b) subject to section 23, prescribing the terms and con- 
ditions upon which societies may receive grants out 
of the moneys appropriated by the Legislature; 

(c) limiting the exhibitors of any society to persons 
residing within defined areas ; 

(d) prescribing the powers and duties of the officers of 
societies ; 



Appoint- 
ments 



(e) classifying societies that are societies within the 
meaning of this Act and designating the class to 
which each society belongs; 

(/) prescribing the terms and conditions on which grants 
may be made to any society or class of society on 
account of capital expenditure and prescribing the 
amounts of such grants or the minimum or maximum 
amounts of such grants ; 

{g) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 
R.S.O. 1970, c. 15, s. 29. 

30. — (1) The board of directors of any society holding 
a fair or exhibition may appoint for the duration of the 
fair or exhibition as many persons as may be required 
to carry out the duties referred to in subsection (2). 



peraons°^ (2) Every person appointed under subsection (1) shall be 

appointed paid by the society and it is his duty to protect the prop- 
erty of the society within the exhibition grounds and to 



Sec. 32 (5) AGRICULTURAL SOCIETIES Chap. 14 63 

eject all persons who may be improperly within the 
grounds or behave in a disorderly manner or violate 
any of the rules or regulations of the society. 

(3) No person shall wilfully hinder or obstruct an officer obs^uction 
or servant of the society or a person appointed under etc. 
subsection (1) in the execution of his duties. 1974, c. 46, s. 10. 

31.— (i) The Minister may appoint a jjerson to inspect inspection 
the books and accounts of any society receiving legislative 
grants under this Act or to inquire into the affairs of such 
society, and every officer of the society shall, when required 
by such person, make available the books and accounts 
thereof for the purposes of such inspection or inquiry. 

(2) A person appointed under subsection (1) has, for the Powers 

. . . .., , , under 

purposes of an mspection or mquiry thereunder, the powers r.s.o. iqso, 
of a commission under Part II of the Public Inquiries Act, p^l\[ 
which Part applies to the inspection or inquiry as if it were an 
inquiry under that Act. 1971, c. 50, s. 4 (2), part. 

32. — (1) Where the board of a society has reason to believe ^^sre^jre- 
that any member or other person exhibiting any farm product, sentation by 
animal, fowl or other goods at an exhibition of the society has ^^ ' '^""^ 
committed a fraud or made any misrepresentation in respect of 
such farm product, animal, fowl or other goods, the board may 
withhold payment or delivery of any premium or prize to 
such person, and the board shall forthwith furnish to him a 
written statement of its reasons for so doing. 

(2) A member or other person from whom a premium or Appeal 
prize has been withheld by the board of a society under 
subsection (1) may appeal, within fifteen days after receipt of 

the statement of the reasons of the board furnished under 
subsection (1), to a judge of the county or district court of the 
county or district in which the head office of the society is 
situate by filing a notice of appeal in the office of the clerk 
of the court and leaving a copy of the notice of appeal at the 
head office of the board. 

(3) The appellant and the board from whose decision the Parties 
appeal is taken are parties to an appeal under this section. 

(4) An appeal to a judge under this section shall be held ^^^^"^J 
by way of a hearing de novo. 

(5) On an appeal under this section, the judge may affirm, qP.^^" 
vary or annul the decision of the board and may order the 
board to pay or deliver any premium or prize withheld by it 
under this section. 1971, c. 50, s. 4 (2), part. 



64 Chap. 14 AGRICULTURAL SOCIETIES Sec. 33 

Offence 33, Every person who contravenes any of the provisions 

of this Act or the regulations or any rule or regulation 
of a society under subsection 19 (2) or who gains admission to the 
grounds contrary to the rules of the society is guilty of an offence, 
and on conviction is liable to a fine of not more than $100. 1974, 
c. 46, s. 11. 



Sec. 2 (3) AGRICULTURAL TILE DRAINAGE Chap. 15 65 

CHAPTER 15 
Agricultural Tile Drainage Installation Act 

1. In this Act, ' interpre- 

tation 

(a) "Board" means the Agricultural Licensing and Regis- 
tration Review Board under the Ministry of Agriculture R so. i980, 
and Food Act; *^^^° 

(6) "Director" means the Director appointed for the 
purpose of this Act ; 

(c) "drainage work" means a drainage system con- 
structed of tile, pipe or tubing of any material 
beneath the surface of agricultural land, including 
integral inlets and outlets, for the purpose of improv- 
ing the productivity of the land drained ; 

{d) "inspector" means an inspector appointed under 
this Act ; 

{e) "licence" means a hcence under this Act ; 

(/) "Minister" means the Minister of Agriculture and 
Food; 

is) "regulations" means the regulations made under this 
Act. 1972, c. 38, s. 1 ; 1978, c. 100, s. 2 (1). 

2. — (1) No person shall carry on the business of installing ^-i^ences 
a drainage work unless he is the holder of a licence for such 
purpose from the Director. 

(2) No person shall be the operator of a machine used in^^®'" 
installing a drainage work unless he is the holder of a licence 

for such purpose from the Director. 

(3) No person shall use, or permit or cause to be used, in^'^e™ 
installing a drainage work a machine unless the owner of the 
machine has obtained a licence therefor from the Director and 
the licence is attached to and exposed on the machine. 1972, 

c. 38, s. 2. 



66 Chap. IS AGRICULTURAL TILE DRAINAGE SeC. 3 

N°^: ., 3. Where a person performs the installation of a drainage 

application , . f , , , , • i i i • ,i • » , 

of Act work on agricultural land owned or occupied by him, this Act 

does not apply. 1972, c. 38, s. 3. 

ifcence^ 4. — (1) The Director shall issue a licence to carry on the 

business of installing drainage works to a person who makes 
application therefor in accordance with this Act and the 
regulations and pays the prescribed fee unless, after a hearing, 
he is of opinion that, 

(fl) the applicant or, where the applicant is a corporation, 
its officers or directors, is or are not competent to 
carry on the business ; 

{h) the past conduct of the applicant or, where the 
applicant is a corporation, of its officers or directors, 
affords reasonable grounds for belief that the business 
will not be carried on in accordance with law ; 

(c) the applicant does not possess or will not have avail- 
able all facilities and equipment necessary to carry 
on the business in accordance with this Act and the 
regulations ; or 

{d) the applicant is not in a position to observe or 
carry out the provisions of this Act and the regulations. 

i<i®™ (2) The Director shall issue a licence to be the operator of a 

machine used in installing drainage works to a person who 
makes application therefor in accordance with this Act and 
the regulations and pays the prescribed fee unless, after a 
hearing, he is of opinion that, 

(a) the applicant is not competent to operate the 
machinery or class thereof in respect of which the 
application is made ; 

{b) the appHcant has not attended the courses of instruc- 
tion and passed the examinations prescribed in the 
regulations for the class of licence applied for ; 

(c) the applicant has not completed the in-service train- 
ing period prescribed in the regulations for the class 
of licence applied for ; or 

{d) the applicant is not in a position to observe or carry 
out the provisions of this Act and the regulations. 

Idem (3) The Director shall issue a licence for a machine used in 

installing drainage works on application therefor by the owner 



Sec. 5 (2) (b) AGRICULTURAL TILE DRAINAGE Chap. IS 67 

and payment of the prescribed fee unless, after a hearing, he 
is of opinion that the machine, 

{a) is not properly designed, constructed or equipped 
for the purposes for which it will be used ; 

(b) is not in good working order ; or 

(c) does not comply with performance standards pre- 
scribed in the regulations. 



of licence 



(4) Subject to section 5, the Director shall renew a licence ^®°®^*^^ 
that is or has expired, on application by the licensee in 
accordance with this Act and the regulations and payment of 
the prescribed fee. 1972, c. 38, s. 4. 



5. — (1) The Director may refuse to renew or may suspend ^®f"8*i. *^o 

^^ i r6I16W IICCIIC6 

or revoke a licence to carry on the business of installing suspension or 
drainage works if, after a hearing, he is of opinion that, 

(a) the facilities and equipment used in the business do 
not comply with this Act and the regulations ; 

{b) the licensee or, where the licensee is a corporation, 
any officer, director or servant thereof has contravened 
or has permitted any person under his control or 
direction in connection with the business to contra- 
vene, any provision of this Act or the regulations 
and such contravention warrants refusal to renew, 
suspension or revocation of the licence ; or 

(c) any other ground for refusal to renew, suspension 
or revocation specified in the regulations exists. 

(2) The Director may refuse to renew or may suspend or^^®™ 
revoke a licence to be the operator of a machine used in 
installing drainage works if, after a hearing, he is of opinion 
that, 

(a) the licensee has contravened or has permitted any 
person under his control or direction in connection 
with the operation of the machine to contravene any 
provision of this Act or the regulations and such 
contravention warrants a refusal to renew, sus- 
pension or revocation ; or 

(b) any other ground for refusal to renew, suspension or 
revocation specified in the regulations exists. 



68 Chap. IS AGRICULTURAL TILE DRAINAGE ScC. S (3) 

^**"* (3) The Director may refuse to renew or may suspend or 

revoke a licence for a machine used in installing drainage 
works if, after a hearing, he is of opinion that, 

(a) any ground for refusing to issue a licence exists ; 

{b) the owner or any other person permitted to have the 
control or use of the machine has contravened any 
provisions of this Act or the regulations and such 
contravention warrants a refusal to renew, sus- 
pension or revocation ; or 

(c) any other ground for refusal to renew, suspension or 
revocation specified in the regulations exists. 



oonMnuation (4) Where, within the time prescribed therefor or, if no time 
pendiM is prescribed, before expiry of his licence, a licensee has applied 
for renewal of his licence and has paid the prescribed fee and 
observed and carried out the provisions of this Act and the 
regulations, his existing licence shall be deemed to continue 
until he has received the decision of the Director on his 
application for renewal. 1972, c. 38, s. 5. 



Notice of Q, — (1) The notice of a hearing by the Director under 

section 4 or 5 shall afford to the applicant or licensee a 
reasonable opportunity to show or to achieve compliance before 
the hearing with all lawful requirements for the issue or 
retention of the licence. 



oifdocu-**^*°° (2) An applicant or licensee who is a party to proceedings 
mentary in which the Director holds a hearing shall be afforded an 

6Viu6]lC6 

opportunity to examine before the hearing any written or 
documentary evidence that will be produced or any report 
the contents of which will be given in evidence at the hearing. 
1972, c. 38, s. 6. 



dSfislonby^ 7. Where the Director has refused to issue or renew or 
Director has suspended or revoked a licence pursuant to a hearing he 
may at any time of his own motion or on the application of 
the person who was the applicant or licensee vary or rescind 
his decision, but the Director shall not vary or rescind his 
decision adversely to the interests of any person without 
holding a rehearing to which such person is a party and 
may make such decision pursuant to such rehearing as he 
considers proper under this Act and the regulations. 1972, 
c. 38, s. 7. 



Sec. 9 (4) AGRICULTURAL TILE DRAINAGE Chap. 15 69 

8. — (1) Where the Director refuses to issue or renew or ^ppeai to 
suspends or revokes a licence, the applicant or licensee m^y, 
by written notice delivered to the Director and filed with 
the Board within fifteen days after receipt of the decision of the 
Director, appeal to the Board. 

(2) The Board may extend the time for the giving of notice S'tfm?"'^ 
by an applicant or licensee under subsection (1), either before or^°''*PP®*^ 
after expiration of such time, where it is satisfied that there are 
prima facie grounds for appeal and that there are reasonable 
grounds for applying for the extension. 

(3) Where an applicant or licensee appeals to the Board o/apiwai 
under this section, the Board shall hear the appeal by way of 

a hearing de novo to determine whether the licence should be 
issued, renewed, suspended or revoked and may, after the 
hearing, confirm or alter the decision of the Director or direct 
the Director to do any act he is authorized to do under this 
Act and as the Board considers proper and, for such purpose, 
the Board may substitute its opinion for that of the Director. 

(4) Notwithstanding that an applicant or licensee hasEffect^of 
appealed under this section from a decision of the Director, pending 
unless the Director otherwise directs, the decision of the of ^appeal 
Director is effective until the appeal is disposed of. 1972, 

c. 38, s. 9. 

9. — (1) The Director, the appellant and such other persons as Parties 
the Board may specify are parties to the proceedings before the 
Board under this Act. 

(2) Members of the Board assigned to render a decision Members 
after a hearing shall not have taken part prior to the hearing in decision 
any investigation or consideration of the subject-matter of the taken panV 
hearing and shall not communicate directly or indirectly in ^°^e8"8f*"°'i' 
relation to the subject-matter of the hearing with any person 

or with any party or his representative except upon notice 
to and opportunity for all parties to participate, but such 
members may seek legal advice from an adviser independent 
from the parties and in such case the nature of the advice 
should be made known to the parties in order that they may 
make submissions as to the law. 

(3) The oral evidence taken before the Board at a hearing Recording 
shall be recorded and, if so required, copies or a transcript evidence 
thereof shall be furnished upon the same terms as in the 
Supreme Court. 

(4) The findings of fact of the Board pursuant to a hearing bindings 
shall be based exclusively on evidence admissible or matters 



70 



Chap. IS 



AGRICULTURAL TILE DRAINAGE 



Sec. 9 (4) 



R.S.O. 1980, 
c. 484 



that may be noticed under sections 15 and 16 of the Statutory 
Powers Procedure Act. 



Only 

members at 
hearing to 
participate 
In decision 



(5) No member of the Board shall participate in a decision 
of the Board pursuant to a hearing unless he was present 
throughout the hearing and heard the evidence and argument 
of the parties and, except with the consent of the parties, no 
decision of the Board shall be given unless all persons so 
present participate in the decision. 1972, c. 38, s. 10. 



Apped 
to court 



10. — (1) Any party to the hearing before the Board may 
appeal from the decision of the Board to the Divisional Court in 
accordance with the rules of court. 



Minister 
entitled 
to be 
heard 

Record to 
be filed 
in court 



(2) The Minister is entitled to be heard by counsel or otherwise 
upon the argument of an appeal under this section. 

(3) The chairman of the Board shall file with the Registrar of 
the Supreme Court the record of the proceedings before the Board 
which, together with a transcript of the evidence before the 
Board, if it is not part of the Board's record, shall constitute the 
record in the appeal. 



Powers^of (4) An appeal under this section may be made on any 

appeal question that is not a question of fact alone and the court 

may confirm or alter the decision of the Board or direct the 
Director to do any act he is authorized to do under this Act 
or may refer the matter back to the Board for reconsideration 
by the Board as the court considers proper and the court may 
substitute its opinion for that of the Director or the Board. 



decision^ of (^) Notwithstanding that an applicant or licensee has 
Board appealed under this section from a decision of the Board, 

unless the Board otherwise directs, the decision of the Board 



pending 
disposal of 



appeal 



is effective until the appeal is disposed of. 1972, c. 38, s. 11, 



Appointment 
of Director 
and 
inspectors 

Powers of 
Inspector 



R.S.O. 1980, 
c. 400 



11. — (1) For the purposes of this Act, the Minister may 
appoint a Director and one or more inspectors. 

(2) For the purposes of carrying out his duties under this 
Act, an inspector may at any time between sunrise and 
sunset enter any premises or building other than a dwelling 
house, but nothing in this section affects the issuance and 
execution of a warrant under section 142 of the Provincial 
Offences Act. 



Certificate of 
appointment 



(3) The production by an inspector of a certificate of his 
appointment purporting to be signed by the Minister is 
admissible in evidence as prima facie proof of his appointment 



Sec. 14 (i) AGRICULTURAL TILE DRAINAGE Chap. 15 7l 

without further proof of the signature or authority of the 
Minister. 1972, c. 38, s. 12. 

12. No person shall hinder or obstruct an inspector in the '^''*"'"«^^'°" 
course of his duties or furnish him with false information or refuse 

to furnish him with information. 1972, c. 38, s. 13. 

13. Every person who contravenes any of the provisions of^f^^""^*" 
this Act or the regulations is guilty of an offence and on conviction 

is liable for a first offence to a fine of not more than $25 and for a 
subsequent offence to a fine of not more than $100. 1972, c. 38, 
s. 14. 

14. The Lieutenant Governor in Council may make regula- ^^8"^^^'""* 
tions, 

(a) providing for the manner of issuing licences and 
prescribing their duration, the fees payable therefor 
and the terms and conditions on which they are 
issued ; 

(6) prescribing grounds for refusal to renew, suspension 
or revocation of licences in addition to the grounds 
mentioned in section 5 ; 

(c) establishing classes of machine operators and pre- 
scribing the qualifications for each class and the 
duties that may be performed by each class ; 

{d) providing for courses of instruction and examinations 
and requiring licence holders or applicants for a 
licence under this Act to attend such courses and 
pass such examinations ; 

(e) prescribing the facilities and equipment to be pro- 
vided by persons engaged in the business of installing 
drainage works ; 

(/) prescribing standards and procedures for the instal- 
lation of drainage works ; 

{g) prescribing performance standards for machines 
used in installing drainage works ; 

{h) prescribing forms and providing for their use ; 

{i) respecting any matter necessary or advisable to 
carry out effectively the intent and purpose of this 
Act. 1972, c. 38, s. 15. 



Sec. 4 AIRPORTS Chap. 16 73 

CHAPTER 16 
Airports Act 



1. In this Act, interpre- 

tation 

(a) "Minister" means the Minister of Transportation 
and Communications; 

(b) "municipality" includes a metropolitan municipality. 
R.S.O. 1970, c. 17, s. 1; 1977, c. 33, s. 1. 

2. — (1) The Crown in right of Ontario, represented by the ^^^^j°riza- 
Minister, may enter into agreements with the Government agreements 
of Canada, any municipaUty, corporation or individual, provision 
or any one or more of them, with respect to any matter in ° 
relation to the acquisition, establishment, extension, improve- 
ment, construction, operation or maintenance of airports to 
serve any one or more areas in Ontario, and the Minister 
may provide funds to the municipality, corporation or 
individual for such purposes. 1977, c. 33, s. 2; 1979, c. 9, s. 1. 

(2) Any municipality may enter into agreements under muMci^- 
subsection (1). R.S.O. 1970, c. 17, s. 2 (2). aSthoHzed 

to enter into 
agreements 

3. — (1) The Minister may acquire, establish, construct, oper- Powerof 
ate and maintain airports and landing grounds to serve any one or establish 
more areas in Ontario. airports 

(2) The Minister may set apart any part of an airport or Leasing of 
landing ground which is under his jurisdiction and control, facilities 
or any building, premises or structure thereon, or any part 
thereof, for a limited use and may lease the same at such 
rental and upon such terms and conditions as he considers 
proper. 

(3) A lease under subsection (2) for a term of twenty-one years i**®"™ 
or longer is subject to the approval of the Lieutenant Governor in 
Council. 1977, c. 33, s. 4. 

4. The moneys required for the purposes of this Act shall be Moneys 
paid out of the moneys appropriated therefor by the Legisla- 
ture. R.S.O. 1970, c. 17, s. 5. 



Sec. 5 ALCOHOLISM & DRUG ADDICTION Chap. 17 75 



CHAPTER 17 

Alcoholism and Drug Addiction 
Research Foundation Act 



1. In this Act, interp'"'- 

(a) "addict" means a person who is addicted to a sub- 
stance other than alcohol ; 

(b) "addiction" means addiction to a substance other 
than alcohol; 

(c) "alcoholic" means a person who suffers from alcohol- 
ism; 

(d) "alcoholism" means a diseased condition produced 
by the action of alcohol upon the human system; 

(e) "Board" means the professional advisory board of 
the Foundation ; 

(/) "Foundation" means the Alcoholism and Drug Ad- 
diction Research Foundation ; 

{g) "Minister" means the Minister of Health. R.S.O. 
1970, c. 18, s. 1. 

2. — (1) The corporation known as the Alcoholism and ^o^^^J^^^^" 
Drug Addiction Research Foundation is continued. 

(2) The Foundation shall be composed of not fewer than composition 
seven and not more than twenty members appointed by the 
Lieutenant Governor in Council. R.S.O. 1970, c. 18, s. 2. 

3. The Lieutenant Governor in Council may designate one <^*^**'"'"*" 
of the members to be chairman of the Foundation. R.S.O. 

1970, c. 18, s. 3. 

4. Five members of the Foundation constitute a quorum. Quorum 
R.S.O. 1970, c. 18, s. 4. 

5. The Lieutenant Governor in Council may fill any vacancies 
vacancy among the members of the Foundation. R.S.O. 

1970, c. 18, s. 5. 



76 

Head office 



Objects and 
powers 



Chap. 17 



ALCOHOLISM & DRUG ADDICTION 



Sec. 6 



Further 
powers 



Grants 



By-laws 



6. The head office of the Foundation shall be at or near 
the City of Toronto. R.S.O. 1970, c. 18, s. 6. 

7. The objects of the Foundation are and it has power, 

(a) to conduct and promote a program of research in 
alcoholism and addiction ; and 

[b) to conduct, direct and promote programs for, 

(i) the treatment of alcoholics and addicts, 

(ii) the rehabilitation of alcoholics and addicts, 

(iii) the experimentation in methods of treating 
and rehabilitating alcoholics and addicts, and 

(iv) the dissemination of information respecting 
the recognition, prevention and treatment of 
alcoholism and addiction. R.S.O. 1970, c. 18, 

s. 7. 

8. — (1) For the furtherance of its objects, the Foundation 
may, 

(a) establish, conduct, manage and operate hospitals, 
clinics and centres for the observation and treatment 
of and for consultation with alcoholics and addicts; 
and 

(b) enter into agreements, 

(i) with hospitals and other institutions for the 
accommodation, care and treatment of alco- 
holics and addicts, and 

(ii) with universities, hospitals and other institu- 
tions for the experimentation in methods of 
treatment of alcoholics and addicts. 

(2) The Foundation may make such grants as are con- 
sidered by the Foundation necessary or desirable for the 
furtherance of its objects. R.S.O. 1970, c. 18, s. 8. 

9. The Foundation may make such by-laws as are con- 
sidered expedient for its constitution and the administration 
of its affairs, and may do such other things as are considered 
necessary or advisable to carry out its objects. R.S.O. 1970, 
c. 18, s. 9. 



Sec. 17 ALCOHOLISM & DRUG ADDICTION Chap. 17 77 

10. The Foundation may acquire by purchase or lease Acquisition 
any land and buildings, and may erect buildings, and may 
acquire such equipment, instruments, appliances, materials 

and other things as are considered necessary or advisable to 
carry out its objects. R.S.O. 1970, c. 18, s. 10. 

11. The real and personal property, business and income Exemption 
of the Foundation are exempt from all assessment and taxa- taxation 
tion made, imposed or levied by or under the authority of any 

Act of the Legislature. R.S.O. 1970, c. 18, s. 11. 

12. There shall be a professional advisory board composed ^Q*"^** 
of such legally qualified medical practitioners, scientists and 
other persons as the Foundation, with the approval of the 
Lieutenant Governor in Council, may appoint. R.S.O. 1970, 

c. 18, s. 12. 

13. — (1) The Foundation may employ a director and sucho<'^°®™ 

£c 11 -11 !• and Staff 

oiTicers, clerks and servants as are considered expedient. 

(2) The Foundation may engage the services of such experts Experts 
and other persons as are considered expedient. R.S.O. 1970, 
c. 18, s. 13. 

14. — (1) Each member of the Foundation and the Board Expenses 
shall be paid his proper travelling and other expenses incurred 
in the work of the Foundation. 

(2) Subject to the approval of the Lieutenant Governor ^j®^^f^™- 
in Council, the members of the Board shall be paid such Board 
remuneration as the Foundation determines from time to 
time. R.S.O. 1970, c. 18, s. 14. 

15. The funds of the Foundation consist of moneys re-^"°<^^ 
ceived by it from any source, including moneys appropriated 

for its use by the Legislature, and the Foundation may dis- 
burse, expend or otherwise deal with any of its funds in 
such manner as it considers proper. R.S.O. 1970, c. 18, s. 15. 

16. The accounts and financial transactions of the Foun-^'^'^" 
dation shall be audited annually by the Provincial Auditor, 
who shall make a report thereon to the Foundation and to 

the Minister, and the cost of the audit and report shall be 
paid out of the funds of the Foundation. R.S.O. 1970, c. 18, 
s. 16. 

17. The Foundation shall make a report annually to the^^nnuai 
Minister, who shall submit the report to the Lieutenant 
Governor in Council and shall then lay the report before 

the Assembly if it is in session or, if not, at the next ensuing 
session. R.S.O. 1970, c. 18, s. 17. 



Sec. 4 (1) ALGONQUIN FORESTRY AUTHORITY Chap. 18 79 



CHAPTER 18 
Algonquin Forestry Authority Act 



1 . In this Act, interpre- 

tation 

(a) "Algonquin Provincial Park" means Algonquin Provin- 
cial Park as set apart from time to time under the Pro- R so. i98o, 
vincial Parks Act; 

(b) "Authority" means the Algonquin Forestry Author- 
ity incorporated by this Act; 

(c) "Board" means the Board of Directors of the 
Authority ; 

{d) "Crown timber" has the same meaning as in the Crown R so. i980. 
Timber Act; 

{e) "Minister" means the Minister of Natural Resources; 

if) "Treasurer of Ontario" means the Treasurer of Ontario 
and Minister of Economics. 1974, c. 99, s. 1. 

2. The Minister is responsible for the administration of fiJ^of^^*'^*' 
this Act. 1974, c. 99, s. 2. Act 

3. — (1) There is hereby established on behalf of Her ^^^'^^^' 
Majesty in right of Ontario a corporation without share 
capital under the name of Algonquin Forestry Authority 
consisting of not fewer than five and not more than 
twelve members appointed by the Lieutenant Governor in 
Council to hold office during pleasure. 

(2) The Authority is an agent of Her Majesty in right of Ontario Crown 
and is a Crown agency for the purposes of the Crown Agency Act. ^^^q j^gg 

c. 106 

(3) The Corporations Act does not apply to the Author- R so. i98a 

ity. 1974, C. 99, S. 3. not to apply 

4. — (1) The members for the time being of the Authority Directors 
form and are its Board of Directors, and the Lieutenant 
Governor in Council shall designate one of them as chair- 
man and one of them as vice-chairman of the Board. 



80 



Chap. 18 ALGONQUIN FORESTRY AUTHORITY ScC. 4 (2) 



Remuner- 
ation 



Management 



(2) The Authority may pay its directors such remuneration 
and expense allowance as may from time to time be fixed 
by the Lieutenant Governor in Council. 

(3) Subject to subsection 9 (4), the affairs of the Authority are 
under the management and control of the Board and the chair- 
man, subject to subsection (4), shall preside at all meetings of the 
Board. 



chairman ^^^ ^" ^^^ ^^^^ °^ ^^^ absence or illness of the chairman 

or of there being a vacancy in the office of chairman, the 
vice-chairman shall act as chairman and shall have all the 
powers and shall perform all the duties of the chairman. 



Quorum 



(5) A majority of the directors constitutes a quorum of 
the Board. 



Seal 



(6) The Board may make by-laws regulating its pro- 
ceedings and generally for the conduct and management of 
the affairs of the Authority. 

(7) The Authority shall have a seal which shall be adopted 
by by-law. 1974, c. 99, s. 4. 



General 
manager 



5. The Lieutenant Governor in Council shall appoint a 
person to be the general manager of the Authority who shall 
be subject to the control and direction of the Board and 
who shall be paid by the Authority such remuneration and 
expense allowance as may be fixed by the Lieutenant Gover- 
nor in Council. 1974, c. 99, s. 5. 



Officers and 
employees 



6. — (1) The Authority may, subject to the approval of 
the Lieutenant Governor in Council, establish job classi- 
fications, personnel qualifications, duties, powers and salary 
ranges for its officers and employees and may appoint, 
employ and promote its officers and employees in conformity 
with the classifications, qualifications and salary ranges so 
approved and may dismiss its officers and employees for just 
cause. 



Super- 
annuation 
R.S.O. 1980, 
c. 419 

Attendance 
and vacation 
credits 

R.S.O. 1980, 
c. 418 



(2) The Public Service Superannuation Act applies to the per- 
manent and full-time probationary staff of the Authority. 

(3) Where the Authority employs a person heretofore employed 
as a civil servant within the meaning of the Public Service Act, 
any attendance credits or vaction credits standing to the credit of 
such person as a civil servant shall continue to the credit of such 
person as an officer or employee of the Authority. 1974, c. 99, 
s. 6. 



Sec. 9 (4) (b) ALGONQUIN FORESTRY AUTHORITY Chap. 18 81 

7. Subiect to the approval of the Lieutenant Governor Professional 

/- r ^1 A a.1 -I ,, , and other 

in Council, the Authonty may engage persons other than assistance 
those appointed or employed pursuant to section 6 to provide 
professional, technical or other assistance to or on behalf of 
the Authority, and may prescribe the terms of engagement 
and provide for payment of the remuneration and expenses 
of such persons, 1974, c. 99, s. 7. 

8. No director, officer or employee of the Authority, Limitation 
or other person acting on behalf of the Authority, is per- wabiiity 
sonally liable for any act done in good faith in the exercise 

or intended exercise of any of his duties or powers or for any 
default or neglect in good faith in the exercise of any of his 
duties or powers. 1974, c. 99, s. 8. 

9. — (1) Subject to subsection (2), the objects of the Authority objects 
are, 

(a) subject to the Crown Timber Act, to harvest Crown R so. iqso, 
timber and produce logs therefrom and to sort, sell, 
supply and deliver the logs; 

{b) to perform, undertake and carry out such forestry, 
land management and other programs and pro- 
jects as the Minister may authorize and to advise 
the Minister on forestry and land management 
programs and projects of general advantage to 
Ontario. 



(2) The Authority shall carry out its objects in Algonquin Jurisdiction 
Provincial Park and in respect of Crown timber on such 

lands adjacent thereto as may be designated by the 
Lieutenant Governor in Council. 

(3) Subject to the Public Lands Act, the Authority may acquire Use of 
and hold public lands or any interest therein for its actual use and r s o i98o 
occupation. c. 413 

(4) The Authority is responsible to and subject to the Objectives 
direction and control of the Minister and, without limiting 

the generality of the foregoing, the Minister may determine 
for the Authority, 

[a) production and operational objectives aimed at^ 
regulating the flow of logs; 

{b) social objectives aimed at maintaining or improving—, 
employment levels in the forest industry; and 



82 



Chap. 18 ALGONQUIN FORESTRY AUTHORITY SeC. 9 (4) (c) 



(c) financial, commercial and economic objectives aimed 
at ensuring reasonable prices for logs produced by 
or on behalf of the Authority and ensuring a reason- 
able rate of return on the capital invested in the 
Authority. 1974, c. 99, s. 9. 



Capacity of 
a natural 
person and 
power to 
act outside 
Ontario 



10. — (1) The Authority has all the capacity and powers 
of a natural person, including the capacity to exercise its 
powers beyond the boundaries of Ontario to the extent to 
which the laws in force where the powers are sought to be 
exercised permit, and may accept extra-provincial powers 
and rights. 



Dealings 

with 

Authority 



(2) No act of the Authority and no transfer of real or 
personal property to or by the Authority is invalid by 
reason of the fact that the Authority was without capacity 
or power to do such act or make or receive such transfer. 
1974, c. 99, s. 10. 



Master 
plan 



11. — (1) The Minister shall prepare a master plan that, 
balances the public interest in maintaining and improving 
the quality of Algonquin Provincial Park for the purpose of 
recreation and the public interest in providing a flow of logs 
from Algonquin Provincial Park. 



Amendment 



(2) The Minister may amend the master plan and shall 
provide a copy of it and every amendment to the Authority. 



Quality of 
operations 



(3) The Authority shall conduct its operations in con- 
formity and harmony with the provisions and true intent 
and spirit of the master plan and all amendments thereof, 
and shall ensure that such operations are conducted, so far 
as it is practicable so to do, with full regard at all times 
for the aesthetics, ecology and all other qualities of the 
environment. 1974, c. 99, s. 11. 



Sans^^*°^ 12. — (1) The Lieutenant Governor in Council may author- 

ize the Minister to make grants and loans to the Authority 
at such times and upon such terms as the Lieutenant Gover- 
nor in Council considers advisable. 



Statutory 
appropriation 



(2) The money required for the purposes of subsection (1) shall 
be paid out of the Consolidated Revenue Fund. 1974, c. 99, s. 12. 



Application 1 3. — (1) Subjcct to subsectioH (2) and section 14, the property 

and monUs and moncys of the Authority shall be applied solely to promote the 
objects of the Authority. 



Sec. 17 (b) ALGONQUIN FORESTRY AUTHORITY Chap. 18 83 

(2) The Authority may temporarily invest any surplus ^^estment 
moneys not immediately required for its objects in any moneys 
securities issued by or guaranteed as to principal and 
interest by the Province of Ontario, by any other province 

of Canada, or by Canada. 

(3) The Authority may, with the approval of the Minister, ^^^^^ 
maintain in its name one or more accounts in any chartered 

bank or trust company. 1974, c. 99, s. 13. 

14. The Authority, upon the order of the Lieutenant of ||^^"°° 
Governor in Council, shall pay to the Treasurer of Ontario moneys 
so much of the moneys of the Authority as the Lieutenant 
Governor in Council considers in excess of the moneys 
required for the objects of the Authority, and any moneys 
so paid may be applied by the Treasurer of Ontario towards 
the discharge of any obligation of the Authority" to Her 
Majesty in right of Ontario, and if not so applied shall form 
part of the Consolidated Revenue Fund. 1974, c. 99, s. 14. 



15. Unless otherwise ordered by the Lieutenant Governor ^|^ 
in Council, the fiscal year of the Authority commences on 
the 1st day of April in each year and ends with the 31st 
day of March in the following year. 1974, c. 99, s. 15. 



16. — (1) The Authority shall establish and maintain an ^^o^wng 
accounting system satisfactory to the Minister. 

(2) The Minister may direct the Authority to Prepare submi^on 
and submit to the Minister, in such form and at such time tion and 

data to 

as the Minister directs, forecasts, estimates and analyses Minister 
of revenues, expenditures, commitments and any other data 
and information pertaining to any aspect of the affairs of 
the Authority. 1974, c. 99, s. 16. 

17. The Authority shall, within three months after the ^^^^ 
termination of each fiscal year, submit an annual report to 
the Minister in such form as he may direct, which shall 
include, 

(a) a description of its operation for the fiscal year; 

{b) an audited financial statement, including a balance 
sheet, a statement of income and expense and a 
statement of surplus or deficit for the fiscal year; 
and 



84 



Chap. 18 ALGONQUIN FORESTRY AUTHORITY Sec. 19 (5) 



(c) such other information in respect of the affairs of 
the Authority as the Minister may require, 

and the Minister shall submit the report to the Lieutenant 
Governor in Council and shall then lay the report before 
the Assembly if it is in session or, if not, at the next ensuing 
session. 1974, c. 99, s. 17. 



Audit 



18. The accounts and financial transactions of the Author- 
ity shall be audited annually by the Provincial Auditor, 
and a report of the audit shall be made to the Minister and 
the Authority in which the Provincial Auditor shall, 

{a) express an opinion on the financial statements of 
the Authority; and 

{b) include any matters that he considers should be 
brought to the attention of the Minister and the 
Authority. 1974, c. 99, s. 18. 



Termination 
of Crown 
timber 
licences 



R.S.O. 1980, 
c. 109 



19. — (1) Notwithstanding anything in any general ot^ 
special Act or in any regulation, licence, management 
plan or operating plan and, subject to subsection (2), the Lieuten- 
ant Governor in Council shall by order in council terminate any 
licence heretofore granted under the Crown Timber Act, the 
licensed area of which is wholly or partly within Algonquin Pro- 
vincial Park. 



60 day 
notice of 
termina- 
tion 



(2) Every order in council made pursuant to subsection (1) shall 
provide that each licence referred to in the order in council is 
terminated as of the sixtieth day next following the date of the 
order in council. 



Service 

of order 

in council 

terminating 

Crown 

timber 

licences 



(3) The Minister shall forward by registered mail a copy of 
every order in council made pursuant to subsection (1) to the 
licensee of each licence referred to in the order in council, addres- 
sed to the last place of business of the licensee as shown in the 
records in the Ministry of Natural Resources. 



Termination (4) Upon the termination of a licence pursuant to subsection (1), 
approval cach approval issued pursuant to subsection 14 (1) of the Crown 

Timber Act in respect of the licence shall thereafter be null and 

void. 



S'r^hT^^'"" ^^^ ^^^ licensee of a licence terminated under subsection (1) 
for Crow n shall continuc to be liable for all indebtedness in respect of Crown 
charges charges as defined in the Crown Timber Act in respect of the 

licence. 1974, c. 99, s. 19. 



Sec. 2 aliens' real property Chap. 19 85 

CHAPTER 19 
Aliens' Real Property Act 

1. Every alien has the same capacity to take by gift, con- Aliens' 
veyance, descent, devise, or otherwise, and to hold, possess, to real 
enjoy, claim, recover, convey, devise, impart and transmit ^^^^^^ 
real estate in Ontario as a natural born or a naturalized 
subject of Her Majesty. R.S.O. 1970, c. 19, s. 1. 

2. The real estate in Ontario of an alien dying i^^testate ^^Sj°®g'|.^°f 
descends and may be transmitted as if it had been the real of aliens 
estate of a natural born or a naturalized subject of Her 
Majesty. R.S.O. 1970, c. 19. s. 2. 



Lx 



Sec. 2 AMBULANCE Chap. 20 87 



CHAPTER 20 
Ambulance Act 



1. In this Act, interpre- 

tation 

(a) "ambulance" means a conveyance used or intended 
to be used in an ambulance service for the trans- 
portation of persons requiring medical attention 
or under medical care ; 

{b) "ambulance service" means a service held out to 
the public as available for the conveyance of 
persons requiring medical attention or under medical 
care, and includes the service of dispatching 
ambulances ; 

(c) "Board" means the Health Facilities Appeal Board; 

(d) "Director" means the Director of the Ambulance 
Services Branch; 

{e) "Minister" means the Minister of Health ; 

if) "Ministry" means the Ministry of Health; 

(g) "municipality" includes a metropolitan or regional 
municipality but does not include an area municipality 
thereof; 

(h) "operator" means a person or corporation that owns or 
provides an ambulance service and "operate" has a cor- 
responding meaning; 

(i) "regulations" means the regulations made under this 
Act; 

0) "resident" means a person who was actually residing 
and physically present in a municipality for a 
period of three months within the preceding six 
months. R.S.O. 1970, c. 20, s. 1; 1972, c. 93, s. 1; 
1975, c. 84, s. 1. 

2. The Minister is responsible for the administration a^dAdminiBtra- 
enforcement of this Act. R.S.O. 1970, c. 20, s. 2; 1972, 

c. 93,s. 2. 



88 Chap. 20 AMBULANCE Sec. 3 (1) 

SiiaSe ^' — ^^^ Subject to section 8, the council of a municipality 

service may pass by-laws for acquiring, maintaining and operating 

an ambulance service. R.S.O. 1970, c. 20, s. 3 (1). 

Agrreements (2) The Minister and the council of a municipality or 
board of health of a health unit may enter into agree- 
ments in respect of the acquisition, maintenance and operation 
of an ambulance service. R.S.O. 1970, c. 20, s. 3 (2) ; 1972, 
c. 93, s. 3. 

Factions of 4. — (1) It is the duty of the Minister and he has power, 

{a) to ensure the development throughout Ontario of a 
balanced and integrated system of ambulance services 
and of effectual ambulance communications facilities ; 

{b) to require hospitals to establish, maintain and 
operate ambulance services and intercommunication 
respecting ambulance services ; 

(c) to establish, maintain and operate, alone or in 
co-operation with others, ambulance services, inter- 
communication systems in connection with ambulance 
services and storage depots for the equipment and 
supply of ambulances; 

(d) to establish and operate, alone or in co-operation 
with one or more organizations, institutes and 
centres for the training of personnel for ambulance 
services ; 

{e) to receive and disburse all moneys appropriated 
by the Legislature for the purposes of this Act 
and all moneys payable to the Ministry under this 
Act; 

if) to determine the amounts to be paid by the Minister 
and to pay operators for ambulance services pro- 
vided and to make retroactive adjustments for 
underpayment and overpayment for such services 
according to the cost thereof; 

{g) to establish regions and districts for the purposes 
of ambulance services and the communications 
facilities therefor. R.S.O. 1970, c. 20, s. 4 (1) ; 1972, 
c. 93, s. 4 (1-3). 

Application (2) The Regulations Act does not apply to anything done by 

R.S.O, 1980, the Minister under subsection (1). R.S.O. 1970, c. 20, s. 4 (2); 
*^^*6 1972, c. 93, s. 4 (4). 



Sec. 6 (1) AMBULANCE Chap. 20 89 

5. — (1) Upon the request of the council of a municipality, °^*^®^ 
the Minister may, where he considers to do so would Minister 
provide an improved ambulance service to the public, by 
order designate the council of the municipality as the sole 
authority to operate an ambulance service in that muni- 
cipality. 

(2) Where liie Minister makes an order under subsection (1), ^p°*^ 

order 

(a) any person operating an ambulance service in the 
municipality named in the order, other than the 
council of the municipality, shall cease opjeration 
on or before the day set out in the order; and 

(b) the municipality shall pay to any person required 
to cease operating an ambulance service as a result 
of the order such sum of money by way of com- 
pensation for the value of the ambulance service 
to the operator as is consistent with the principles 
of law and equity. 

(3) The licence of a person who is required to cease dJemed 
operating an ambulance service as a result of an order of cancelled 
the Minister made under subsection (1) shall be deemed to have 

been cancelled on the day set out in the order and the provisions of 
sections 14, 15 and 16 do not apply to such cancellation. 

(4) The Director shall not issue a licence to operate an ambu- When Director 
lance service in a municipality named in an order made under issue 
subsection (1) to any applicant other than the council of the''*^^"" 
municipality, and the provisions of sections 14, 15 and 16 do not 

apply to any such refusal to issue a licence. 

(5) The Minister may rescind any order made under subsection Minister 
(1) and where the Minister does so subsection (4) ceases to have rescind 
effect in respect of the municipality. °'''^^'' 

(6) The Regulations Act does not apply to an order of the Application 
Minister made under subsection (1). 1975, c. 84, s. 2, part. r.s.o. i980, 

c. 446 

6. — (1) Where agreement cannot be reached as to the sum of Notice 
money to be paid by the municipality under clause 5 (2) (6), either arbitration 
the municipality or the operator of the ambulance service may 
serve upon the other notice that the municipality or the operator, 
as the case may be, desires that the amount of compensation be 
determined by arbitration under the Arbitrations Act and each R so. i980, 

. c. 25 

party shall, within seven days of the service of the notice appomt a 
member of a board of arbitration, and a third member who shall 
be chairman shall be appointed within a further seven days by the 
two members so appointed. 



90 



Chap. 20 



AMBULANCE 



Sec. 6 (2) 



Application (2) Where a board of arbitration is appointed under subsection 

R.s.o. 1980, (1), the provisions of the Arbitrations Act apply as though a 
'^ ^5 submission had been made under that Act. 1975, c. 84, s. 2, 

part. 

Minister 7^ j^q application to incorporate a corporation whose 

appucations objects include the operation of an ambulance service 
poration shall be proceeded with until it has first received the 

approval of the Minister. R.S.O. 1970, c. 20, s. 5; 1972, 

c. 93, s. 5. 



Operator's 
licence 



8. No person shall operate an ambulance service except 
under the authority of a licence issued by the Director and 
the Director may issue a licence upon such terms and sub- 
ject to such conditions as are specified in the licence or the 
regulations. R.S.O. 1970, c. 20, s. 6. 



Temporary 
licence 



9. The Director may issue a temporary licence in accord- 
ance with the regulations to operate a specified conveyance 
as an ambulance for a definite period of time stated in the 
licence. R.S.O. 1970, c. 20, s. 7. 



Health 
Facilities 
Appeal 
Board 



10. — (1) The Health Facilities Appeal Board is continued and 
shall be composed of five members appointed by the Lieutenant 
Governor in Council, one of whom shall be designated by the 
Lieutenant Governor in Council as chairman of the Board. 



Quorum 



Members 



Remunera- 
tion 



Grounds 
for refusal 
to issue 



(2) Three members of the Board constitute a quorum 
and are sufficient for the exercise of all the jurisdiction and 
powers of the Board. 

(3) No employee of the Government of Ontario or of any 
agency of the Crown shall be appointed a member of the 
Board. 

(4) The members of the Board shall be paid such remunera- 
tion for their services as the Lieutenant Governor in Council 
determines. 1972, c. 93, s. 6. 

11. Subject to section 14, the Director may refuse to issue a 
licence, 

{a) where the proposed operation would be in con- 
travention of this Act or the regulations ; 



{b) where there is no public need for the ambulance 
service to be operated pursuant to the licence in 
the area where the applicant proposes to operate; 



Sec. 14 (3) AMBULANCE Chap. 20 91 

(c) where the applicant is not competent to operate or 
financially capable of operating the ambulance 
service reliably ; or 

{d) the past conduct of the applicant or, where the 
applicant is a corporation, of its officers or direc- 
tors, affords reasonable grounds for belief that the 
ambulance service will not be operated in accordance 
with law and with honesty and integrity. R.S.O. 
1970, c. 20, s. 8; 1971, c. 50, s. 5 (1, 2). 

12. Subject to section 14, the Director may revoke, ^^°^^. 
suspend or refuse to renew a licence for any reason for tion. etc. 
which he may refuse to issue the licence if the licensee were 
an apphcant or where the licensee has contravened this 
Act or the regulations or is in breach of a condition of his 
hcence. R.S.O. 1970, c. 20, s. 9; 1971, c. 50, s. 5 (3). 

13. — (1) Where the Director issues a licence under this ^®*^]^ 
Act and the licensee is dissatisfied with the terms and con- of licence 
ditions thereof prescribed by the Director, the licensee may 
by written notice given to the Director and the Board require 
a hearing by the Board and the Board shall appoint a time 
for and hold a hearing. 1971, c. 50, s. 5 (4), part; 1972, c. 93, 
s. 7(1). 

(2) Following upon a hearing under subsection (1), the Board |^JJ^°' 
may affirm the terms and conditions prescribed for the licence 
by the Director or may cancel such terms and conditions or 
may prescribe such other terms and conditions for the 
licence in the place of those prescribed by the Director as it 
considers proper and such terms and conditions shall be 
terms and conditions of the licence. 1971, c. 50, s. 5 (4), 
part, 1912, c. 93, s. 7(2). 

14. — (1) Where the Director proposes to refuse to issue ^g^^^ 
or renew a licence or proposes to reVoke or suspend a etc. 
licence, he shall serve notice of his proposal, together with 
written reasons therefor, on the applicant or licensee. 1971, 
c. 50, s. 5 (5), part. 

(2) A notice under subsection (1) shall inform the applicant Notice 
or licensee that he is entitled to a hearing by the Board 

if he mails or delivers, within fifteen days after the notice 
under subsection (1) is served on him, notice in writing 
requiring a hearing to the Director and the Board, and he 
may so. require such a hearing. 1971, c. 50, s. 5 (5), part; 
1972, c. 93, s. 8 (1). 

(3) Where an applicant or licensee does not require a hearing by o^ctor^ 
the Board in accordance with subsection (2), the Director may ^^^° 
carrv' out the proposal stated in his notice under subsection 

(1). ' 1971, c. 50, s. 5 {S),part; 1972, c. 93, s. 8.(2). 



92 



Chap. 20 



AMBULANCE 



Sec. 14 (4) 



Powers of 
Board 
where 
hearing 



(4) Where an applicant or licensee requires a hearing 
by the Board in accordance with subsection (2), the Board 
shall appoint a time for and hold the hearing and, on the 
apphcation of the Director at the hearing, may by order 
direct the Director to carry out his proposal or refrain from 
carrying out his proposal and to take such action as the Board 
considers the Director ought to take in accordance with 
this Act and the regulations, and for such purpose the 
Board may substitute its opinion for that of the Director. 
1971, c. 50, s. 5 {5), part; 1972, c. 93, s. 8 (3). 



conations (^) '^^^ Board may attach such terms and conditions 

to its order or to the hcence as it considers proper to give 
effect to the purposes of this Act. 1971, c. 50, s. 5 (5), 
^ay^;1972,c. 93,s. 8(4). 

fimefor'°°^ (6) The Board may extend the time for the giving of 
appeal notice requiring a hearing by an applicant or licensee under 

this section either before or after expiration of such time 
where it is satisfied that there are prima facie grounds for 
granting relief to the applicant or licensee pursuant to a 
hearing and that there are reasonable grounds for applying 
for the extension, and the Board may give such directions 
as it considers proper consequent upon the extension. 1971, 
c. 50, s. 5 (5), part; 1972, c. 93, s. 8 (5). 

of°ncence*^^°° (^) Where, within the time prescribed therefor or, if no 
pending time is prescribed, before expiry of his licence, a licensee 
has applied for renewal of his licence and paid the prescribed 
fee, his licence shall be deemed to continue, 

{a) until the renewal is granted; or 

(6) where he is served with notice that the Director 
proposes to refuse to grant the renewal, until the 
time for giving notice requiring a hearing by the 
Board has expired and, where a hearing is required, 
until the Board has made its decision. 1971, c. 50, 
s. 5 {5), part; 1972, c. 93, s. 8(6). 



Parties 



. 15. — (1) The Director, the applicant or licensee who has 
required the hearing and such other persons as are specified 
by the Board are parties to proceedings before the Board 
under this Act. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (1). 



Notice of 
hearing 



(2) Notice of a hearing under section 14 shall afford the 
applicant or licensee a reasonable opportunity to show or to 
achieve compliance before the hearing with all lawful require- 
ments for the issue or retention of the licence. 



Sec. 16 (1) AMBULANCE Chap. 20 93 

(3) An applicant or licensee who is a party to proceed- Examination 
ings under section 14 shall be afforded an opportunity to mentary 
examine before the hearing any written or documentary * 
evidence that will be produced or any report the contents 

of which will be given in evidence at the hearing. 1971, c. 50, 
s. 5 (5), part. 

(4) Members of the Board holding a hearing shall not^fjfi^nl" 
have taken part in any investigation or consideration of the ^®?^°| 
subject-matter of the hearing before the hearing and shall not taken 
communicate directly or indirectly in relation to the subject- Investigation, 
matter of the hearing with any person or with any party 

or his representative except upon notice to and opportunity 
for all parties to participate, but the Board may seek legal 
advice from an adviser independent from the parties and 
in such case the nature of the advice should be made known 
to the parties in order that they may make submissions 
as to the law. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (2). 

(5) The oral evidence taken before the Board at a hearing ^eSnce 
shall be recorded and, if so required, copies or a transcript 
thereof shall be furnished upon the same terms as in the 
Supreme Court. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (3). 

(6) The findings of fact of the Board pursuant to a hearing shall ^/"^^"^^ 
be based exclusively on evidence admissible or matters that may 

be noticed under sections 15 and 16 of the Statutory Powers R so. i980, 

C 484 

Procedure Act. 1971, c. 50, s. 5 (5), part; 1972, c. 93, s. 9 (4). 



(7) No member of the Board shall participate in a decision °^°^y^jg^ ^^^ 
of the Board following upon a hearing unless he was present ^eartng to^ 
throughout the hearing and heard the evidence and argument in decision 
of the parties and, except with the consent of the parties, 
no decision of the Board shall be given unless all members 
so present participate in the decision. 1971, c. 50, s. 5 (5), 
part; 1972, c. 93, s. 9 (5). 



16. — (1) Upon the request of any party to the hearing R^evi|w by 
before the Board, made within fifteen days after being 
served with a decision, the Minister shall review the record 
and the decision of the Board and the reasons therefor, and 
the Minister may confirm or alter the decision of the Director 
or direct the Director to do any act the Director is authorized 
to do under this Act and as the Minister considers proper, 
and the decision of the Minister is final on all matters except 
points of law. R.S.O. 1970. c. 20, s. 16(1); 1971, c. 50, 
s. 5(6); 1972, c. 93, s. 10(1). 



94 

Reasons 



Chap. 20 



AMBULANCE 



Sec. 16 (2) 



(2) The Minister shall give the reasons for his decision under 
subsection (1) to each of the parties to the hearing before the Board 
within thirty days after he receives the request for the 
review. R.S.O. 1970, c. 20, s. 16 (2); 1972, c. 93, s. 10 (2). 



Appeal to 
court 



(3) Any person requesting a review under subsection (1) may 
appeal the Minister's decision on any point of law to the Divisional 
Court in accordance with the rules of court. 1971, c. 50, s. S (7). 



Service 
of notices 



17. Except where otherwise provided, any notice required 
by this Act to be served shall be served personally or by 
registered mail addressed to the person to whom notice is 
to be given at his last known address and, where notice is 
served by registered mail, the service shall be deemed to have 
been made on the third day after the day of mailing unless 
the person to whom notice is given establishes that he did 
not, acting in good faith, through absence, accident, illness 
or other cause beyond his control receive the notice until a 
later date. 1971, c. 50, s. 5 (8). 



Appoint- 
ment of 
inspectors 



18. — (1) The Minister may appoint inspectors for the 
purposes of this Act and the regulations and such appoint- 
ments shall be in writing. R.S.O. 1970, c. 20, s. 18(1); 
1972, c. 93, s. 11. 



Powers of 
inspectors 



(2) An inspector, upon the production of his appointment 
under subsection (1), may enter the business premises or 
conveyances of an operator at any time and may examine, 
extract information from and make copies of his books, 
accounts and records pertaining to the ambulance service 
and may inspect the conveyances, supplies and equipment 
for the purpose of determining their compliance with the 
regulations. R.S.O. 1970. c. 20, s. 18 (2) ; 1971, c. 50, s. 5 (9) ; 
1975, c. 84, s. 3. 



Confidential (3) Each person employed in the administration of this 
Act, including any person making an inquiry, inspection or 
an investigation under this section shall preserve secrecy 
with respect to all matters that come to his knowledge in 
the course of his duties, employment, inquiry, inspection or 
investigation and shall not communicate any such matters 
to any other person except, 

{a) as may be required in connection with the adminis- 
tration of this Act and the regulations or any 
proceedings under this Act or the regulations ; or 



(6) to his counsel; or 



Sec. 22 (1) (/) AMBULANCE Chap. 20 95 

(c) with the consent of the person to whom the informa- 
tion relates. 1971, c. 50, s. 5 (10). 

19. Where a licensee is a corporation, the licensee shall ^oMce of 
notify the Director within fifteen days of any change in the corporate 

ixi&n&firG- 

officers or directors of the corporation. R.S.O. 1970, c. 20,ment 
s. 19. 

20. Every licence, except a temporary licence, expires one^g^ration 
year after it is issued. R.S.O. 1970, c. 20, s. 20. ° ''*°*'^^ 

21. Where a patient in a hospital is a person who is Payment of 
receiving general assistance from a municipality under thebymunici- 
General Welfare Assistance Act or is the dependant of any^* rf ,^0.^ 

. , ^ .... K.o.U. 1980, 

such person and is transported to or from the hospital in anc. iss 
ambulance, the municipality is also liable for and shall pay 
to the hospital that person's share of the ambulance service 
operator's fee as prescribed by the regulations. 1972, c. 93, 
s. 12. 

22. — (1) Subject to the approval of the Lieutenant ^^^^^^^^^^^^^ 
Governor in Council, the Minister may make regulations, 

{a) prescribing the standards of conveyances and equip- 
ment for ambulance services and of their maintenance 
and repair and requiring the approval of the Director 
for the acquisition of such conveyances and equip- 
ment as are specified in the regulations ; 

{h) governing the management, operation and use of 
ambulance services, including insurance against 
liability in connection with their operation ; 

(c) prescribing the records, books, audits and account- 
ing system to be kept, made or followed by operators 
and the returns, reports and information to be sub- 
mitted to the Director or the Minister ; 

{d) prescribing the qualifications for persons employed 
in ambulance services including their testing and 
examination, physical or otherwise; 

{e) providing for the issuing of licences and prescribing 
terms and conditions of licences; 

(/) requiring the payment of fees in connection with 
licences and apphcations therefor and prescribing 
the amounts thereof ; 



96 



Chap. 20 



AMBULANCE 



Sec. 22 (1) (g) 



{g) prescribing the fees that may be charged by the 
operators of each class of ambulance service for each 
kind of service provided, the methods and times of 
payment of such fees to the operators and the pro- 
portion thereof that may be charged to the person 
transported in an ambulance. R.S.O. 1970, c. 20, 
s. 22(1); 1972, c. 93, s. 13. 

Limited^ n ("^^ '^^^ regulations may provide that any provision is 
limited in its application to any specified class of ambulance 
service, person or thing. R.S.O. 1970, c. 20, s. 22 (2). 

Penalty 23. — (1) Subjcct to subscction (2), any person who con- 

travenes this Act or the regulations is guilty of an offence and on 
conviction is liable to a fine of not more than $1,000. 

Corporations (2) Where a corporation is convicted of an offence under sub- 
section (1), the maximum penalty that may be imposed upon the 
corporation is $10,000 and not as provided therein. 

Penalty (3) Any person who prevents or obstructs or attempts to 

prevent or obstruct an inspector from entering premises or 
making an inspection authorized by this Act or the regulations 
is guilty of an offence and on conviction is liable to a fine of not 
more than $500. 



Limitation 



Minister 
not vicar- 
iously liable 



(4) No proceeding under this section shall be commenced 
more than one year after the time when the subject-matter 
of the proceeding arose. R.S.O. 1970, c. 20, s. 23. 

24. The Minister shall not be held to be vicariously hable 
for the acts or omissions of operators or their employees. 
R.S.O. 1970, c. 20, s. 24; 1972, c. 93, s. 14. 



Limitation 
period 



26. No action shall be brought against an operator or an 
employee of an operator for the recovery of damages occasioned 
by negligence in the provision of ambulance services after the 
expiration of one year from the time when the damages were 
sustained. R.S.O. 1970, c. 20, s. 25. 



Sec. 2 (3) ANATOMY Chap. 21 97 

CHAPTER 21 
Anatomy Act 

1 . In this Act, Interpre- 

' tation 

(a) "disposition" means any disposition that may be 

made of a body under the Cemeteries Act, and R so. i98o, 

c 59 

"dispose" has a corresponding meaning; 

(6) "general inspector" means the general inspector of 
anatomy ; 

(c) "local inspector" means a local inspector of anatomy 
having jurisdiction, and includes the general inspector ; 

(d) "private morgue" means a place where bodies are 
customarily retained before their disposition, other 
than a public morgue; 

(e) "public morgue" means a place under the control 
and management of a municipal corporation where 
bodies are retained before their disposition ; 

(/) "regulations" means the regulations made under this 
Act; 

ig) "school" means an institution designated as a school 
by the regulations. R.S.O. 1970, c. 21, s. 1. 

2. — (1) The Lieutenant Governor in Council may appoint [^6°|^ai^^ 
a general inspector of anatomy who shall perform such duties 
as are assigned to him by this or any other Act, and may per- 
form any of the duties of a local inspector anywhere in Ontario. 

(2) The Lieutenant Governor in Council may appoint per- ^*^'^ctors 
sons who are coroners as local inspectors of anatomy for such 

areas in Ontario as is considered advisable, and each local 
inspector shall perform such duties as are assigned to him under 
this or any other Act in the area in his jurisdiction, under 
the supervision and direction of the general inspector. 

(3) When a local inspector ceases to be a coroner, his germination 
appointment as local inspector is terminated. 



98 



Chap. 21 



ANATOMY 



Sec. 2 (4) 



Fees 



Notice 

to local 

inspector, 

etc. 

R.S.O. 1980, 

c. 93 



(4) The general inspector and local inspectors are entitled 
to the fees required to be paid to them under this Act. R.S.O. 
1970, c. 21, s. 2. 

3. — (1) Subject to the Coroners Act, the person having 
possession of the body of a deceased person that, 

(a) is unclaimed by a relative or bona fide friend within 
twenty-four hours after the death; and 



(b) has not been or will not be used for a purpose 
R.S.O. 1980, authorized under the Human Tissue Gift Act, 

c. 210 -^ 

shall notify the local inspector and shall furnish the local 
inspector with such information respecting the deceased person 
as is within the knowledge of the notifier and as the local 
inspector may require. 

Bodiesunder (2) A body of which the local inspector is notified under 
local subsection (1) shall be deemed to be under his control for the 

inspector <• ^l • a ^ 

purposes of this Act. 



Claiming 
bodies 



(3) A body, while under the control of the local inspector, 
may be claimed by a relative for disposition or by any other 
person who gives a bona fide undertaking to dispose of the 
body. R.S.O. 1970, c. 21, s. 3. 



Bodiesfor 4, — (1) Subject to the Coroners Act, the local inspector 

dissection may cause a body under his control to be delivered to a teacher 

of anatomy or surgery in a school, for the purpose of 

anatomical dissection. 



Idem 



(2) No body upon which a post mortem examination has 
been performed shall be delivered to a teacher of anatomy or 
surgery in a school unless the school is first informed of the 
post mortem examination and consents to accept the body. 
R.S.O. 1970, c. 21, s. 4. 



Claiming 
of bodies 
after 
delivery 
to school 



Donated 
bodies 



5. — (1) A school that receives a body under section 4 shall 
keep and preserve the body for not fewer than fourteen days, 
and, if the body is claimed within that time by a person entitled 
to claim the body under section 3, the school shall deliver the 
body to such person upon payment of the transportation 
costs actually incurred by the school, or such part of the 
costs as the school requires, and shall notify the general 
inspector of the fact. 

(2) A school that receives a body for the purpose of 
anatomical dissection, other than under section 4, shall im- 
mediately notify the local inspector and shall not begin a 



Sec. 10 (6) ANATOMY Chap. 21 99 

dissection of the body until the local inspector has certified in 
writing that he has obtained such particulars of the body as 
he may require. R.S.O. 1970, c. 21, s. 5. 

6. Where doubt exists as to whether a person is entitled Order of 
to claim a body under section 3 or 5, the person claiming theoff°nc"es 
body may apply to the provincial offences court having jurisdic-*^""'^^ 
tion in the locality where the body is found for an order (Form 1), 

and the court may make the order. R.S.O. 1970, c. 21, s. 6, 
revised . 

7. A school receiving a body shall dispose of the body at ^/^p^^^^^°° 
the expense of the school after it has served the purpose for by school 
which it was received, but, before disposing of the body, the 

school shall give notice of the disposition to the general 
inspector. R.S.O. 1970, c. 21, s. 7. 

8. Every school shall keep such records as are prescribed ^y school 
by the regulations, and the records shall be open at all times 

to inspection by the general inspector or a local inspector. 
R.S.O. 1970, c. 21, s. 8. 

9. — (1) The general inspector may inspect the methods and inspection 
facilities of a school for handling, preserving, storing, dissecting, 
and disposing of bodies and the parts thereof. 

(2) The general inspector may make such orders in writing Q/"^|n|i.ai 
as he considers necessary requiring a school to provide and inspector 
maintain any of the methods and facilities referred to in sub- 
section (1) in accordance with good anatomical practices, and, 
where an order is not complied with, the general inspector 
may, in his discretion, suspend delivery of bodies to the school 
for such periods as he may determine. R.S.O. 1970, c. 21, s. 9. 

10. Every local inspector shall, Jfiocai 

Inspector 

(a) keep a register showing, 

(i) the name, sex, age, birthplace and last place of 
residence of every person whose body is under 
his control or of whose body he has been notified 
under subsection 5 (2), and 

(ii) the name of the school to which the body was 
delivered and the date of the delivery; and 

(b) furnish the general inspector with such information 
as he requires. R.S.O. 1970, c. 21, s. 10. 



100 



Chap. 21 



ANATOMY 



Sec. 11 



Duty of 
municipality 
to bury 



11. Subject to this Act, any unclaimed body found within 
the Hmits of a city, town, village or township shall, at the 
request of the local inspector or, where there is no local 
inspector appointed under subsection 2 (2), of a coroner, be dis- 
posed of at the expense of the corporation, but the corporation 
may recover the expense thereof from the estate of the deceased or 
from any person whose duty it was to dispose of the 
body. R.S.O. 1970, c. 21, s. 11. 



morgues*" 12. — (1) A local inspector or, where there is no local 

inspector, a coroner may order a body to be stored in a public 
morgue or retained in a private morgue until other arrange- 
ments are made. 

Security in (2) Every person in charge of a pubhc or private morgue 
shall ensure that bodies in the morgue are secure against 
unlawful interference. R.S.O. 1970, c. 21, s. 12. 



Offence 



13. — (1) Every person who contravenes this Act is guilty 
of an offence and on conviction is liable, if a corporation, to a fine 
of not more than $2,000 or, if not a corporation, to a fine of not 
more than $1,000 or to imprisonment for a term of not more than 
one year, or to both. 



Liability of 
corporation 
of which 
school a 
part 



(2) For the purposes of subsection (1), where an institution 
that is designated as a school for the purposes of this Act is 
part of a college or university that is a corporation, a duty 
imposed by this Act on the school shall be deemed to be 
imposed on the corporation. R.S.O. 1970, c. 21, s. 13. 



Regulations X4. The Lieutenant Governor in Council may make regu- 
lations. 



(a) designating schools for the purposes of this Act ; 

(b) prescribing the records that shall be kept by schools ; 

(c) prescribing the duties of the general inspector and 
the local inspectors in addition to the duties imposed 
by this Act ; 

{d) requiring the payment of fees to the general inspector 
and local inspectors for services performed under this 
Act and the regulations, and prescribing the amounts 
thereof ; 

{e) prescribing forms for the purposes of this Act and 
providing for their use. R.S.O. 1970, c. 21, s. 14. 



Form 1 ANATOMY Chap. 21 101 

FORM 1 

{Section 6) 

Anatomy Act 
To whom it may concern : 

Whereas A.B. of {here state the residence and occupation of the person by 
whom or on whose behalf the order is applied for) has satisfied me that he is a 
relative {or is a bona fide friend, or has given a bona fide undertaking to dispose 
of the body) of CD., deceased, and is entitled to have the body delivered 
to him for the purpose of disposition. 

I hereby authorize and order every person and authority having the 
present custody or control of the body forthwith upon presentation of this 
order to deliver it to the said A.B. for disposition. 

Witness my hand as a justice of the Provincial Offences Court of the 

of , 

this day of , 19 



R.S.O. 1970, c. 21, Form 1. 



Sec. 1 0) ANIMALS FOR RESEARCH Chap. 22 103 



CHAPTER 22 



Animals for Research Act 



1. In this Act, interpre- 

tation 

{a) "animal" means a live, non-human vertebrate; 

(6) "Director" means the Director of the Veterinary 
Services Branch of the Ministry of Agriculture and 
Food; 

(c) "inspector" means an inspector appointed under this 
Act; 

id) "licence" means a licence under this Act; 

(e) "Minister" means the Minister of Agriculture and Food; 

if) "pound" means premises that are used for the deten- 
tion, maintenance or disposal of dogs or cats that 
have been impounded pursuant to a by-law of a muni- 
cipality, but does not include any premises, or part 
thereof, that are not used by any person or body of 
persons, including the Ontario Society for the Preven- 
tion of Cruelty to Animals or any society affiliated 
therewith, for the detention, maintenance or disposal 
of dogs or cats so impounded ; 

(g) "redemption period" means that period of time within 
which the owner of a dog or cat that has been impounded 
in a pound has the right to redeem it; 

ih) "registration" means a registration under this Act; 

(i) "regulations" means the regulations made under this 
Act; 

ij) "research" means the use of animals in connection 
with studies, investigation and teaching in any field 
of knowledge, and, without limiting the generality 
of the foregoing, includes the use of animals for the 
performance of tests, and diagnosis of disease and the 
production and testing of preparations intended for 
use in the diagnosis, prevention and treatment of any 
disease or condition ; 



104 



Chap. 22 



ANIMALS FOR RESEARCH 



Sec. 1 (k) 



(k) "research facility" means premises on which animals 
are used in research and includes premises used for 
the collecting, assembling or maintaining of animals 
in connection with a research facility, but does not 
include a farm on which pregnant mares are kept for 
the collection of urine ; 



R.S.O. 1980, 
c. 270 



(/) "Review Board" means the Agricultural Licensing 
and Registration Review Board under the Ministry of 
Agriculture and Food Act; 



(m) "supply facility" means premises, other than a research 
facility, that are used for the breeding and rearing of 
animals pursuant to a contract between the operator 
thereof and the operator of a research facility; 



R.S.O. 1980, 
c. 522 



(«) "veterinarian" means a person registered under the Vet- 
erinarians Act. R.S.O. 1970, c. 22, s. 1; 1971, c. SO, 
s. 6 (1); 1972, c. 1, s. 1; 1978, c. 100, s. 3 (1). 



Operator 
required to 
be licensed 



2. — (1) No person shall commence or continue to be an 
operator of a supply facility without a licence as an operator 
of a supply facility from the Director unless he is exempt under this 
Act or the regulations. 



Exception 
as to certain 
sales 



R.S.O. 1980, 
c. 182 



(2) An operator of a supply facility is exempt from subsection (1) 
respecting cattle, fish, goats, horses, poultry, reptiles, sheep, 
swine or game animals or fur-bearing animals as defined in the 
Game and Fish Act, but in all other respects he is subject to the 
provisions of this Act and the regulations. 



Require- 
ments for 
licensing 



(3) No person shall be granted a licence as an operator of a 
supply facility unless he. 



{a) is experienced in the proper care and handling of 
animals; and 

(6) possesses all pens, cages, compounds, vehicles, tools, 
implements, buildings and dietary materials neces- 
sary to properly care for and handle animals on his 
premises. 

Suspension (4) A licence as an operator of a supply facility may be 

orrevoca- ^ ' ^ rr j j j 

tionof suspended or revoked where, 

licence '^ 



the operator has not properly maintained any of the 
facilities, equipment or materials referred to in clause 
(3) (6); or 



Sec. 4 (3) (b) (i) animals for research Chap. 22 105 

(b) the operator or any person employed by him or asso- 
ciated with him in connection with his operation as 
an operator has failed to observe or carry out the 
provisions of, 

(i) this Act or the regulations, or 

(ii) any other Act relating to cruelty, maltreatment 
or neglect of animals. R.S.O. 1970, c. 22, s. 3. 

3. — (1) Subject to subsection 12 (1), the Director shall issue a J^sueof 
licence as an operator of a supply facility to an applicant therefor 
unless, in his opinion, the applicant does not comply with clauses 2 
(3) (a) and (6). R.S.O. 1970, c. 22, s. 4 (1). 

(2) Where the Director is of the opinion that an applicant does Refosai 
not comply with clauses 2 (3) (a) and (6), he may, after a hearing, 
refuse to issue the licence. 

(3) Subject to subsection (4), the Director shall ren^w a licence Renewal 
on application therefor by the licensee in accordance with this Act 

and the regulations and payment of the prescribed fee. 

(4) Where the Director is of the opinion, in the c£ise of a licensee, Refusal 
that clause 2 (4) (a) or (6) applies, he may, after a hearing, refuse to suspension, 
renew or may suspend or revoke the licence. 1971, c. SO, s. 6 (2). 

4. — (1) No person shall commence or continue to operate f®??.^'^'^ 
a research facility unless the research facility is registered required 

under this Act. registered 

(2) No research facility shall be registered unless there are ^^^'^^^^ 
therein or adjacent thereto and in connection therewith all regristration 
pens, cages, compounds, tools, implements, buildings and 
dietary materials necessary to properly care for and handle 
animals that are in the research facility. 

(3) The registration of a research facility may be suspended ®^^p^^J^° 
or revoked where, '^??9^ ^. 

registration 

(a) any of the facilities, equipment or materials referred 
to in subsection (2) have not been properly maintained 
therein; or 

(b) the operator or any person employed by him or asso- 
ciated with him in the operation of the research facility 
has failed to observe or carry out the provisions of, 

(i) this Act or the regulations, or 



106 



Chap. 22 



ANIMALS FOR RESEARCH Sec. 4 (3) (b) (ii) 



(ii) any Act relating to cruelty, maltreatment or 
neglect of animals. R.S.O. 1970, c. 22, s. 5. 

Registration 5. — (1) Subjcct to subsection 12 (2), the Director shall register 

a research facility in Ontario unless, in his opinion, it does not 
contain the facilities, equipment or materials referred to in sub- 
section 4 (2). R.S.O. 1970, c. 22, s. 6 (1). 



Refusal 
to register 



(2) Where the Director is of the opinion that a research 
facility in respect of which an application for registration is 
made does not contain the facilities, equipment or materials 
referred to in subsection 4 (2), he may, after a hearing, refuse to 
register the research facility. 



Renewal (3) Subject to subsection (4), the Director shall renew a 

registration on application therefor by the registrant in 
accordance with this Act and the regulations and payment of 
the prescribed fee. 



Refusal 
to review, 
suspension, 
etc. 



(4) Where the Director is of the opinion that clause 4 (3) (a) or (b) 
applies, he may, after a hearing, refuse to renew or may suspend 
or revoke the registration of the research facility. 197Uc.50,s.6 
(3). 



Provisional g^ — (j) Notwithstanding section 3 and section 5, the Direc- 
etc. tor, by notice to an operator and without a hearing, may 

provisionally refuse to renew or suspend the operator's licence 
or registration where in the Director's opinion it is necessary 
to do so for the immediate protection of the safety or health 
of, or the prevention of cruelty or maltreatment to or 
neglect of any animal and the Director so states in such 
notice giving his reasons therefor, and thereafter the Director 
shall hold a hearing to determine whether renewal of the 
licence or registration should be refused or whether the licence 
or registration should be further suspended or revoked under 
this Act and the regulations. 

Continuation (2) Subject to subsection (1), where, within the time pre- 

of licence or \/ , , , ., . . -i i i r • 

regristration scribed therefor or, if no time is prescribed, before expiry 
renewal of his licence or registration, an operator has applied for a 
renewal thereof and paid the prescribed fee and has observed 
or carried out the provisions of this Act and the regulations, 
his existing licence or registration shall be deemed to continue 
until he has received the decision of the Director on his 
application for renewal. 1971, c. 50, s. 6 (4), part. 



Notice of 
hearing 



7. — (1) The notice of a hearing by the Director under 
section 3 or section 5 shall afford to the applicant or operator 
a reasonable opportunity to show or to achieve compliance 



Sec. 9 (4) ANIMALS FOR RESEARCH Chap. 22 107 

before the hearing with all lawful requirements for the issue 
or retention of the licence or registration. 

(2) An applicant or operator who is a party to proceedings Examination 
in which the Director holds a hearing shall be afforded an mentary 
opportunity to examine before the hearing any written or ®^**®°°® 
documentary evidence that will be produced or any report 
the contents of which will be given in evidence at the hearing. 
1971, c. 50, s. 6 {^),part. 

8. Where the Director has refused to issue or renew or hasy"?*"°?°f 

, , 111- - • decision by 

suspended or revoked a licence or registration pursuant to a Director 
hearing, he may, at any time of his own motion or on the 
application of the person who was the applicant or operator, 
vary or rescind his decision, but the Director shall not vary 
or rescind his decision adversely to the interests of any per- 
son without holding a rehearing to which such person is a 
party and may make such decision pursuant to such rehearing 
as he considers proper under this Act or the regulations. 1971, 
c. 50, s. 6 (4), part. 

9. — (1) Where the Director refuses to issue or renew or^^*^*^ 
suspends or revokes a licence or registration, the applicant Board 
or operator may, by written notice delivered to the Director 
and filed with the Review Board within fifteen days after 
receipt of the decision of the Director, appeal to the Review 
Board. 

(2) The Review Board may extend the time for the giving ^^^*°° 
of notice by an applicant or operator under subsection (1) for appeal 
either before or after expiration of such time where it is 
satisfied that there are prima facie grounds for appeal and 

that there are reasonable grounds for applying for the extension. 

(3) Where an applicant or operator appeals to the Review J*/|p°*^i 
Board in accordance with subsection (1), the Review Board 

shall hear the appeal by way of a hearing de novo to determine 
whether the licence or registration should be issued, renewed, 
suspended or revoked and may, after the hearing, confirm or 
alter the decision of the Director or direct the Director to 
do any act he is authorized to do under this Act and as the 
Review Board considers proper and, for such purpose, the 
Review Board may substitute its opinion for that of the 
Director. 

(4) Notwithstanding that an applicant or operator has ^^^^°^ 
appealed under this section from a decision of the Director, pending 

diS'DOS&l 

unless the Director otherwise directs, the decision of the of appeal 
Director is effective until the appeal is disposed of. 1971, c. 50, 
s. 6 (4), part. 



108 



Chap. 22 



ANIMALS FOR RESEARCH 



Sec. 10 (1) 



Parties 



10. — (1) The Director, the appellant and such other persons 
as the Review Board may specify are parties to the proceedings 
before the Review Board under this Act. 



makS^ (2) Members of the Review Board assigned to render a deci- 

decisionnot sion after a hearing shall not have taken part prior to the 

to have , . ° . . . , • r i i_ • ^ 

taken heanng m any mvestigation or consideration of the subject- 

Investiga- matter of the hearing and shall not communicate directly or 
tion.etc. indirectly in relation to the subject-matter of the hearing with 
any person or with any party or his representative except 
upon notice to and opportunity for all parties to participate, 
but such members may seek legal advice from an adviser 
independent from the parties and in such case the nature of 
the advice should be made known to the parties in order that 
they may make submissions as to the law. 

Recording of (3) Xhe oral evidence taken before the Review Board at a 

evidence , ^ ' 

hearing shall be recorded and, if so required, copies or a 
transcript thereof shall be furnished upon the same terms as 
in the Supreme Court. 



of fact^^ (4) The findings of fact of the Review Board pursuant to a 

hearing shall be based exclusively on evidence admissible or 

matters that may be noticed under sections 15 and 16 of the 
R.s.o. 1980, Statutory Powers Procedure Act. 

c. 484 -^ 



Only 
members 
at hearing 
to participate 
in decision 



(5) No member of the Review Board shall participate in a 
decision of the Review Board pursuant to a hearing unless 
he was present throughout the hearing and heard the 
evidence and argument of the parties and, except with the 
consent of the parties, no decision of the Review Board shall 
be given unless all members so present participate in the 
decision. 1971, c. 50, s. 6 (4), part. 



Appeal 
to court 



1 1. — (1) Any party to the hearing before the Review Board 
may appeal from the decision of the Review Board to the Divi- 
sional Court in accordance with the rules of court. 



Minister 
entitled to 
be heard 



(2) The Minister is entitled to be heard, by counsel or 
otherwise, upon the argument of an appeal under this section. 



Record to 
be filed 
in court 



(3) The chairman of the Review Board shall file with the 
Registrar of the Supreme Court the record of the proceedings 
before the Review Board which, together with a transcript of the 
evidence before the Review Board, if it is not part of the Review 
Board's record, shall constitute the record in the appeal. 



Powers of 
court on 
appeal 



(4) An appeal under this section may be made on questions 
of law or fact or both and the court may confirm or alter the 
decision of the Review Board or direct the Director to do any 



Sec. 14 (3) ANIMALS FOR RESEARCH Chap. 22 109 

act the Director is authorized to do under this Act and as the 
court considers proper and the court may substitute its opinion 
for that of the Review Board. 

(5) Notwithstanding that an applicant or Hcensee has^^^^^^^jO^^j 
appealed under this section from a decision of the Review Board 
Board, unless the Review Board otherwise directs, the decision disposal 
of the Review Board is effective until the appeal is disposed ° ^^^ 
of. 1971, c. 50, s. 6 (4),/)ar^ 

12. — (1) The Director shall not issue a licence to any Person J^en^^ ^ 
who formerly held a licence as an operator of a supply facility to issue 
and whose licence was revoked less than one year before the 
date of the application. 

(2) The Director shall not register a research facility that when 

' ' o J research 

was formerly registered and the registration of which was facility 
revoked less than one year before the date of the application, registered 
R.S.O. 1970, c. 22, s. 15. 

13. Animals that are bred and reared in a supply facility ^°^^*^^ ^° 
shall, at all times, be maintained by the operator thereof in separate 
such manner that they are separate from any other animals 
owned by him. R.S.O. 1970, c. 22, s. 17. 

14. — (1) No person shall purchase or otherwise acquire an Purchase 
animal from any person in Ontario for use in a research facility acquisition 

. t ofanimals 

except from, 

(a) the operator of a registered research facility ; 

(6) the operator of a pound, under section 20; 

(c) the operator of a supply facility who is, 

(i) the holder of a licence eis an operator of a 
supply facility, or 

(ii) exempt under this Act or the regulations from the 
provisions of subsection 2 (1) in respect of the 
animal. 

(2) No operator of a research facility shall sell or otherwise o^^her 
dispose of any dog or cat purchased or otherwise acquired disposition of 
under section 20 to any person other than the operator of a 
registered research facility in Ontario. 

(3) Nothing in this section prevents. Exceptions 



110 



Chap. 22 



ANIMALS FOR RESEARCH 



Sec. 14 (3) (a) 



(a) the acquisition by a research facility of a dog or cat 
that has been donated to the research facility by the 
owner thereof; 

(b) the return by the research facility of a dog or cat 
acquired under clause 20 (6) (c) to the person who was the 
owner thereof before it came into possession of the 
operator of the pound; or 

(c) the acquisition by the operator of a supply facility of 
breeding stock from any person not referred to in sub- 
section (1). R.S.O. 1970, c. 22, s. 18. 

Reports 15^ The operator of a registered research facility shall 

submit to the Director such reports respecting animals used 
in the research facility for research as may be prescribed in 
the regulations. R.S.O. 1970. c. 22, s. 19. 

tob™*^^ 16. — (1) Every animal used in a registered research facility 

anaesthetized in any experiment that is likely to result in pain to the animal 

shall be anaesthetized so as to prevent the animal from suffering 

unnecessary pairi. 



Analgesics 
to be 
provided 



(2) The operator of a research facility shall provide analgesics 
adequate to prevent an animal from suffering unnecessary pain 
during the period of its recovery from any procedure used in an 
experiment. R.S.O. 1970, c. 22, s. 20. 



Animal care 17. — (1) Every person or body of persons having control 
of a registered research facility or facilities shall establish in 
connection therewith an animal care committee, one of the 
members of which shall be a veterinarian. 



Responsi- 
bility of 
committee 



(2) Every animal care committee established under sub- 
section (1) shall be responsible for co-ordinating and reviewing, 

{a) the activities and procedures relating to the care of 
animals ; 

{b) the standards of care and facilities for animals; 

(c) the training and qualifications of personnel that are 
engaged in the care of animals; and 



(d) procedures for the prevention of unnecessary pain 
including the use of anaesthetics and analgesics, 

in every research facility in connection with which the animal 
care committee is established, having regard to the require- 
ments of this Act and the regulations. 



Sec. 18 (3) (c) ANIMALS FOR RESEARCH Chap. 22 111 

(3) The operator of a research facility shall, prior to con- Fiiinerof 
ductiner any research project in which animals are to be used, project 
file, or cause to be filed, with the animal care committee a withanimai 
research project proposal setting forth the nature of all pro- ^^mittee 
cedures to be used in connection with such animals, the 
number and type of animals to be used and the anticipated 

pain level that any such animal is likely to experience. 

(4) Where an animal care committee has reason to believe Committee 

^ ' to make 

that there is, will be or has been an offence committed against orders 
section 16 in any research facility in connection with which 
it is established, the animal care committee shall order, 

(a) that any research in connection with such offence be 
stopped or not proceeded with; and 

(b) that where such research has caused, in any animal, 
severe pain or illness that cannot be alleviated, such 
animal be forthwith humanely destroyed. R.S.O. 
1970. c. 22, s. 21. 

18. — (1) The Minister shall appoint a chief inspector who Ap^intment 
is a veterinarian and such other inspectors as he considers inspector and 
necessary, and, notwithstanding any other Act, such inspectors ^^^ °" 
have exclusive authority to initiate proceedings to enforce the 
provisions of this Act and the regulations. 

(2) The production by an inspector of a certificate of his ^^'^mtoent 
appointment purporting to be signed by the Minister is admis- 
sible in evidence as prima facie proof of his app)ointment with- 
out further proof of the signature or authority of the Minister. 

(3) Subject to subsections (4), (5), (6), (7) and (8), an inspector, f^^^°i 
for the purpose of carrying out his duties under this Act, may, 

upon production of a certificate of his appointment, 

{a) enter any premises, car, truck or other conveyance in 
which he believes on reasonable and probable grounds 
there are animals that are used, or that are intended 
to be used, in research and inspect the premises, car, 
truck or other conveyance, any facilities or equipment 
therein and any animal therein; 

{b) enter any pound and inspect the pound, any facilities 
or equipment therein and any animals therein ; and 

(c) demand the production or furnishing by the owner 
or custodian thereof of any books, records, documents 
or of extracts therefrom relating to animals that. 



112 



ANIMALS FOR RESEARCH Sec. 18 (3) (c) (i) 



(i) are in a pound, or 

(ii) he believes on reasonable and probable grounds 
are used or intended to be used in research. 

Entry of (4) Exccpt Under the authority of a warrant under section 142 of 

dwellings 

R s o 1980 ^^^ Provincial Offences Act, an inspector shall not enter any part 
c. 400 of a dwelling without the consent of the owner or tenant unless, 

{a) the occupant is a hcensed operator of a supply 
facihty; and 

(b) he has reasonable grounds for believing that the occu- 
pant is maintaining in such part animals that are 
used or intended to be used in research. 



When 
powers 
to be 
exercised 



(5) An inspector shall exercise his powers under subsec- 
tion (3) only between sunrise and sunset, but nothing in this 
section affects the issuance and execution of a warrant under 
section 142 of the Provincial Offences Act. 



Production 
and photo- 
copying of 
records, 
etc. 



(6) Where an inspector demands the production or furnish- 
ing of books, records, documents or extracts therefrom, the 
person having custody thereof shall produce or furnish them to 
the inspector and the inspector may detain them for the 
purpose of photocopying them, if such photocopying is carried 
out with reasonable dispatch, and the inspector shall forthwith 
thereafter return them to the person who produced or furnished 
them. 



Certifi- 
cation of 
photocopy 



Demand 
to be in 
writing 



(7) Where a book, record, document or extract has been 
photocopied under subsection (6), a photocopy purporting to 
be certified by the Minister, or a person thereunto authorized 
by the Minister, to be a copy made pursuant to subsection (6) 
is admissible in evidence and has the same probative force 
as the original document would have had if it had been proven 
in the ordinary way. 

(8) Where an inspector makes a demand under clause (3) (c) , the 
demand shall be in writing and shall include a statement of the 
nature of the investigation and the general nature of the books, 
records, documents or extracts required. 



R.S.O. 1980, 

c. 356, 

not to apply 



Obstruction 
of inspector 



(9) The Ontario Society for the Prevention of Cruelty to Ani- 
mals Act does not apply in respect of animals in the possession of 
the operator of a registered research facility or of a licensed 
operator of a supply facility. R.S.O. 1970, c. 22, s. 22. 

19. No person shall hinder or obstruct an inspector in the 
course of his duties or furnish him with false information or 
refuse to furnish him with information. R.S.O. 1970, c. 22, s. 23. 



Sec. 20 (6) (6) (ii) animals for research Chap. 22 113 

20. — (1) The minimum redemption period shall be three ^^^P^'io" 
days, excluding the day on which the dog or cat was im- 
pounded, or such longer period as the regulations prescribe 
and holidays shall not be included in calculating any redemp- 
tion period. 

(2) The council of a local municipality may, by by-law, fix wem 
a redemption period that is longer than the minimum redemp- 
tion period prescribed by or under this Act and shall file a 
copy of any such by-law with the Director. 

(3) Except with the approval in writing of the Director, no Repeal or 

, , r 1 • • 1 11 1 amendment 

by-law referred to m subsection (2) shall be repealed or amended, of by-iaw 

(4) Where the operator of a pound has impounded a dog or Notification 
cat that has a tag, name plate or other means of identification, 

he shall, 

(a) notify the nearest office of the Ontario Society for the 
Prevention of Cruelty to Animals or any society 
affiliated therewith, except where the pound is 
operated by such society or affiliated society; and 

(6) take all reasonable steps to find the owner of the dog 
or cat and shall forthwith notify the owner, if found, 
that the dog or cat has been impounded. 

(5) During the redemption period and subject to subsec- ^°^P^^^ 
tion (7), the operator of a pound shall not destroy or cause or destroyed 
jjermit to be destroyed any dog or cat that is in the pound but 

he may return the dog or cat to the person who owned it before 
it came into his possession, subject to the payment of such 
damages, fines and expenses as are required by law. 

(6) After the redemption period has expired and subject to ^^®™ 
subsection (7), the operator of a pound shall not destroy or cause or 
permit to be destroyed any dog or cat that is in the pound but he 
may, 

(a) return the dog or cat to the person who owned it 
before it came into the possession of the operator of 
the pound, subject to the payment of such damages, 
fines and expenses as are required by law ; 

(b) sell the dog or cat, dispose of it by gift or hold it in 
possession for sale or disposal by gift to a bona fide 
purchaser or donee, 

(i) as a pet, 

(ii) for use in hunting, or 



114 Chap. 22 ANIMALS FOR RESEARCH Sec. 20 (6) (6) (iii) 

(iii) for working purposes; or 

(c) sell the dog or cat to the operator of a registered 
research facility in Ontario who has requested the 
operator of the pound to sell him a dog or cat, as the 
case may be. 

dog^orcat ^'^^ Notwithstanding subsection (5) or (6), the operator of a 

may be pound may destroy or cause or permit to be destroyed any dog 

or cat that has been impounded in the pound where, 

(a) the person who owned the dog or cat before it came 
into the possession of the operator of the pound has 
requested in writing that the dog or cat be destroyed ; 

{b) an inspector or veterinarian has ordered that the dog 
or cat be destroyed pursuant to subsection (11); 

(c) the dog or cat has been impounded in the pound for 
the redemption period and the operator of the pound 
has satisfied all requests referred to in clause (6) (c) from 
operators of research facilities; or 

(d) during the redemption period, the dog or cat is in a 
pound and, 

(i) is ill or injured and in his opinion is incapable 
of being so cured or healed as to live thereafter 
without suffering, and 

(ii) he has satisfied all requests referred to in 
clause (6) (c) from operators of research facilities. 

Sale price (g) Where the operator of a pound sells a dog or cat to the 

cat operator of a research facility under subsection (6), the price of the 

dog or cat, 

{a) where no maximum price has been prescribed in the 
regulations in respect of the dog or cat, shall not exceed 
a price that is reasonable having regard to all the 
circumstances; or 

(6) shall not exceed the maximum price prescribed in the 
regulations in respect of the dog or cat. 

Additional (9) In addition to the price paid for a dog or cat under 

payable clause (8) (6), the operator of a pound may require the operator of a 

research facility to pay such amount as is prescribed in the regula- 
tions in respect of the care, treatment, food and accommodation 
of a dog or cat. 



Sec. 21 (2) ANIMALS FOR RESEARCH Chap. 22 llS 

(10) Where a dog or cat is sold or otherwise disposed of in a Nopajnnent 

°. . ^ to be made 

manner referred to in subsection (6), no person shall make any to operator 
payment in respect of the dog or cat to the operator of the ° ^"^ 
pound or any person employed therein but shall make such 
payment in the manner and to such other person as is prescribed 
in the regulations. 

(11) An inspector or veterinarian may order a dog or cat order for 
to be destroyed, Kr""" 

or cat 

[a) where, during the redemption period, the dog or cat 
is in a pound and is ill or injured and, in the opinion 
of the inspector or veterinarian, is incapable of being 
so cured or healed as to live thereafter without 
suffering; or 



j^'ii 



{b) where the dog or cat, 

(i) is in a pound, supply facility or research facility, 

(ii) has not, where it is in a pound, been redeemed 
by its owner within the redemption period, and 

(iii) is, in the opinion of the inspector or veter- 
inarian, not suitable for use in research by 
reason of ill health, injury, malnutrition, 
excessive age or other infirmity. 

(12) Where the operator of a pound has in his possession tionof°*' 
a dog or cat that is impounded pursuant to a by-law of a dog or cat 
local municipality, he shall at all times identify the dog or 

cat in such manner as is prescribed in the regulations. 

(13) This section does not apply to an animal that by reason P*^|^°°** 
of being suspected of being infected with any communicable animals 
disease is confined in a pound pursuant to the Public Health Act or R so. i980, 

c 409 

the Animal Contagious Diseases Act (Canada). R.S.O. 1970, j^g^^ j^^q 
c. 22, s. 24. c.'a-i3 

21. — (1) Every person who contravenes any of the provi- Offence 
sions of this Act, other than section 15, or the regulations, 
other than a regulation made under clause 23 (h){j) or (l), or of an 
order made under subsection 17 (4), is guilty of an offence and on 
conviction is liable for a first offence to a fine of not more than $500 
or to imprisonment for a term of not more than three months, or to 
both, and for a subsequent offence to a fine of not more than 
$1 ,000 or to imprisonment for a term of not more than six months, 
or to both. 

(2) Every person who contravenes the provisions of sec- ^^™ 
tion 15 or of a regulation made under clause 23 (,h) (j) or (/), is 



116 



Chap. 22 



ANIMALS FOR RESEARCH 



Sec. 21' (2) 



guilty of an offence and on conviction is liable for a first offence to 
a fine of not more than $25 and for a subsequent offence to a fine of 
not more than $100. R.S.O. 1970, c. 22, s. 25. 



Injunction 
proceedings 



22. Where it is made to appear from the material filed or 
evidence adduced that any offence against this Act or the 
regulations or against any Act relating to cruelty, maltreat- 
ment or neglect of animals has been or is being committed 
by any person who is the operator of a pound, research facility 
or supply facility or who is employed by or associated with any 
such person, the Supreme Court or a judge thereof may, upon 
the application of the Director, enjoin any such person from 
being engaged in any way in the operation of such pound, 
research facility or supply facility absolutely or for such 
period as seems just. R.S.O. 1970, c. 22, s. 26. 



Regulations 23. The Lieutenant Governor in Council may make regu- 

lations, 

{a) providing for the manner of issuing licences, prescrib- 
ing their duration and the fees payable therefor; 

(6) providing for the manner of registering research 
facilities in Ontario, prescribing the fees payable 
therefor, and prescribing terms and conditions for 
such registration; 

(c) prescribing further procedures for hearings before 
the Review Board; 

(d) prescribing the buildings, facilities and equipment 
to be provided by the operator of a research faciUty, 
supply facility or pound or any class thereof ; 



•niT:: 



(e) prescribing standards for the health, welfare and care 
of animals, or any class thereof, in a research facihty, 
supply facility or pound; 



(/) prescribing facilities and equipment for the trans- 
portation of animals that are used or are intended 
to be used by a research facility ; 



{g) classifying research facilities, requiring the operators 
of any class of research facility to provide for the 
services of a veterinarian in connection with the care 
of animals in the research facility and prescribing the 
terms and conditions on which such services shall be 
provided in respect of any such class ; 



Sec. 23 (/>) ANIMALS FOR RESEARCH Chap. 22 117 

(A) prescribing the records to be made and kept by the 
operator of a research facility, supply facility or 
pound, or any class thereof, and prescribing the 
places at which such records shall be kept ; 

(»') prescribing reports to be submitted to the Director 
by the operator of a research facihty ; 

(j) prescribing methods for the identification of animals; 

(ife) subject to subsection 20 (1), prescribing the redemption 
period in respect of dogs or cats or any class thereof; 

(/) determining from time to time the maximum prices 
that shall be paid for dogs or cats or any class thereof 
by the operators of research facilities, to the operators 
of pounds, determining different prices for different 
parts of Ontario and prescribing the manner in which 
and the person to whom such prices shall be paid ; 

(w) prescribing for the purposes of subsection 20 (9), an 
amount or amounts that the operator of a pound may 
require the operator of a research facility to pay respect- 
ing the care, treatment, food and accommodation of a 
dog or cat; 

(n) providing for the exemption from this Act or the 
regulations, or any provision thereof, of any person or 
class of {persons, or any animal or class of animals 
and prescribing the terms and conditions therefor ; 

(o) prescribing forms and providing for their use; 

(P) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 
R.S.O. 1970, c. 22, s. 27. 



Sec. 5 (1) APPORTIONMENT Ghap. IZ 119 



CHAPTER 23 
Apportionment Act 



1. In this Act, interpre- 

tation 

(a) "annuities" includes salaries and pensions; 

(6) "dividends" includes all payments made by the name 
of dividend, bonus or otherwise out of revenues of 
trading or other public companies divisible between 
all or any of the members, whether such payments 
are usually made or declared at any fixed times or 
otherwise, but does not include payments in the 
nature of a return or reimbursement of capital; 

(c) "rent" includes rent-service, rent-charge and rent- 
seek and all periodical payments or renderings in lieu 
or in the nature of rent. R.S.O. 1970, c. 23, s. 1. 

2. Dividends shall, for the purposes of this Act, be deemed ^^^i^|^^^^ 
to have accrued by equal daily increment during and within to accrue 
the period for or in respect of which the payment of the 
dividends is declared or expressed to be made. R.S.O. 1970, 

c. 23, s. 2. 

3. All rents, annuities, dividends, and other periodical ^^°\^^®*^' 
payments in the nature of income, whether reserved or made accrue and 

■, DC appor- 

payable under an instrument in writing or otherwise, shall, liketionabie 
interest on money lent, be considered as accruing from day to 
day, and are apportionable in respect of time accordingly. 
R.S.O. 1970, c. 23, s. 3. 

4. The apportioned part of any such rent, annuity, dividend ^®fon^^ 
or other periodical payment is payable or recoverable, in the part of rent, 
case of a cjontinuing rent, annuity, dividend or other such pay- payable 
ment, when the entire portion, of which such apportioned 

part forms part, becomes due and payable, and not before, 
and in the case of a rent, annuity or other such payment 
determined by re-entry, death or otherwise, when the next 
entire portion of the same would have been payable if it had 
not so determined, and not before. R.S.O. 1970, c. 23, s. 4. 

6. — (1) All persons and their respective heirs, executors, Recovering^ 
administrators and assigns, and also the executors, adminis- parts 
trators and assigns, respectively, of persons whose interests 



120 



Chap. 23 



APPORTIONMENT 



Sec. 5 (1) 



determine with their own deaths, have such or the same 
remedies for recovering such apportioned parts when payable, 
allowing proportionate parts of all just allowances, as they 
respectively would have had for recovering such entire portions 
if entitled thereto. 



As to rents 
reserved in 
certain 
cases 



(2) The persons liable to pay rents reserved out of or 
charged on lands or other hereditaments, and the same lands 
or other hereditaments, shall not be resorted to for any such 
apportioned part forming part of an entire or continuing rent 
specifically, but the entire or continuing rent, including such 
apportioned part, shall be recovered and received by the heir 
or other person, who, if the rent had not been apportionable 
under this Act, or otherwise, would have been entitled to such 
entire or continuing rent, and such apportioned part is recover- 
able by action from such heir or other person by the executors 
or other persons entitled to it under this Act. R.S.O. 1970, 
c. 23, s. 5. 



Policies of 
assurance, 
stipulation 
against ap- 
portionment 



6. Nothing in this Act renders apportionable any annual 
sums made payable in policies of assurance of any description, 
or extends to any case in which it is expressly stipulated that 
no apportionment is to take place. R.S.O. 1970, c. 23, s. 6. 



Sec. 2 (2) APPRENTICESHIP & TRADESMEN Chap. 24 121 



CHAPTER 24 



Apprenticeship and Tradesmen's 
Qualification Act 



1. In this Act, interpre- 

tation 

(a) "apprentice" means a person who is at least sixteen 
years of age and who has entered into a contract under 
which he is to receive, from or through his employer, 
training and instruction in a trade ; 



(b) "certified trade" means a trade designated as a 
certified trade under section 1 1 ; 

(c) "Director" means the Director of Apprenticeship; 

(d) "employer" includes the Crown and any other public 
authority, the Ontario Apprenticeship Institute and any 
local apprenticeship committee; 

(e) "licence" means a licence under this Act and the 
regulations to operate a trade school and "licensee" 
means the holder of a licence; 

if) "Minister" means the Minister of Colleges and 
Universities; 

ig) "regulations" means the regulations made under this 
Act. R.S.O. 1970, c. 24, s. 1; 1971, c. 50, s. 7 (1); 
1972, c. 1, s. 13 (1). 

2. — (1) There shall be appointed a Director of Apprentice- ^^^ 
ship and such other officers, clerks and servants as are con- 
sidered expedient for the purposes of this Act. 

(2) Subject to the approval of the Minister, the Director Examiners 
may appoint one or more examiners to assist in the conduct 
of examinations prescribed for any trade, and such examiners, 
upon the direction of the Lieutenant Governor in Council, may 
be paid their travelling expenses and a per diem allowance 
for their services out of such moneys as are appropriated 
therefor by the Legislature. R.S.O. 1970, c. 24, s. 2. 



122 



Chap. 24 



APPRENTICESHIP & TRADESMEN 



Sec. 3 (1) 



Provincial 
advisory 
committees, 
appointment 



3. — (1) The Minister may appoint a provincial advisory 
committee in any trade or group of trades to advise him in 
matters relating to the establishment and operation of appren- 
tice training programs and tradesmen's qualifications. R.S.O. 
1970, c. 24, s. 3 (1). 



composition 



term of 
ofBce of 
appointed 
members 



vacancies 



(2) Every provincial advisory committee shall consist of 
not fewer than five members made up of equal numbers of repre- 
sentatives of employers and of employees and the Director or 
such other officer of the Ministry of Colleges and Universities 
as may be designated by him. R.S.O. 1970, c. 24, s. 3 (2) ; 
1972. c. 1, s. 13 (2). 

(3) The representatives of employers and employees on a 
provincial advisory committee shall be appointed for terms of 
one, two or three years, and having served a term shall not 
be reappointed for at least two years. 

(4) When a vacancy occurs on a provincial advisory com- 
mittee during a term of office, the Minister may fill the vacancy 
for the unexpired portion of the term. 



travelling 
expenses, 
allowances, 
etc. 



(5) The Lieutenant Governor in Council may direct payment, 
out of. such moneys as are appropriated therefor by the Legis- 
lature, of the travelling expenses of the members of provincial 
advisory committees and a per diem allowance for the time 
spent by such members in attending meetings, and of any 
expenses properly incurred by such a committee in carrying 
out its duties. R.S.O. 1970, c. 24, s. 3 (3-5). 



Local 

apprentice- 
committees 



4. The Director may appoint local apprenticeship com- 
mittees composed of such persons as he considers appropriate 
for any area of Ontario to advise and assist him in matters 
relating to apprenticeship or tradesmen's qualifications in the 
area. R.S.O. 1970, c. 24, s. 4. 



Agreements 5. With the approval of the Lieutenant Governor in Council, 
manpower the Minister may enter into one or more agreements with 
ra n ng ^^^ Minister of Labour of Canada respecting apprentice or 
manpower training. R.S.O. 1970, c. 24, s. 5. 



Duties of 
Director 



6. Subject to the supervision and control of the Minister, 
it is the duty of the Director to administer and enforce this 
Act, and, without limiting the generality of the foregoing, for 
the purposes of this Act, 



to collaborate with persons and organizations in the 
determination of training requirements in any trade ; 



Sec. 8 (1) APPRENTICESHIP & TRADESMEN Chap. 24 123 

(b) to undertake or collaborate in studies or investiga- 
tions of any trade and of the requirements for the 
supply and training of persons therefor ; 

(c) to publicize and promote apprenticeship as a method 
of training in any trade ; 

_ {<f) to plan and carry out programs of apprenticeship in 
any trade; and 

{e) generally to perform such other duties as are assigned 
to him by the Minister for the carrying out of this 
Act. R.S.O. 1970, c. 24, s. 6. 

7. — (1) For the purpose of carrying out this Act, the Direc- 5?^^)°' 
tor, or any person authorized by the Minister in writing, may, 

(a) inspect, upon production of his authorization under 
this subsection, the premises, equipment and training 
facilities of an employer; 

(6) inspect and examme all books, payrolls and other 
records of an employer that in any way relate to the 
wages, hours of labour or conditions of employment 
of any person ; 

(c) take extracts from or make copies of any entry in 
such books, payrolls and records; 

{d) require an employer to make full disclosure and pro- 
duction of all records, documents, statements, writ- 
ings, books, papers, extracts therefrom or copies 
thereof that the employer may have in his possession 
or control, or other information, either oral or in 
writing and either verified by oath or otherwise, that 
in any way relate to the wages, hours or labour or 
conditions of employment of persons employed by 
him. R.S.O. 1970, c. 24, s. 7 (1) ; 1971, c. 50. s. 7 (2, 3). 

(2) Notwithstanding any of the provisions of this Act orM®™' 
the regulations, the Director may register any person as an cErcum- 
apprentice, or grant a certificate of apprenticeship, a certi- 
ficate of qualification or a certificate of proficiency to any 
person, who, in the opinion of the Director, is unable by reason 
of physical incapacity or other circumstances to take or 
complete the prescribed course of study or training in a trade 
or apprentice training program. R.S.O. 1970, c. 24, s. 7 (2). 

8. — (1) Subject to subsection (2), the Director, or any Cancellation 

, . , , , »,• • ... , - ofcontract 

person authonzed by the Minister m writing, may cancel for 
cause a contract of apprenticeship. 



124 



Chap. 24 



APPRENTICESHIP & TRADESMEN 



Sec. 8 (2) 



Notice of 
proposal to 
cancel, 
rlgrht to 
hearing 



Powers of 
Director 
where no 
hearing 



(2) Where the Director, or any person authorized under 
subsection (1), proposes to cancel for cause a contract of 
apprenticeship under subsection (1), he shall serve notice of his 
proposal, together with written reasons therefor, on each party 
to the contract informing him that he has a right to a hearing 
by a judge if he applies therefor within fifteen days after 
service of such notice, and a party to the contract may 
within such time apply for a hearing to the judge of the 
county or district court of the county or district where the 
apprentice who is a party to the contract resides. 

(3) Where none of the parties to a contract to which a 
notice under subsection (2) relates applies to a judge for a hearing 
within fifteen days after service of such notice, the Director or 
person authorized under subsection (1) may forthwith cancel the 
contract. 



Powers of 
judge 
where 
hearing 



(4) Where a party to a contract to which a notice under 
subsection (2) relates applies to a judge for a hearing within 
fifteen days after service of such notice, the judge shall 
appoint a time for and hold a hearing and, on application at 
the hearing by the Director or person serving the notice, may 
by order direct the Director or such person to cancel the 
contract or to refrain from cancelling the contract, as the 
case may be, and as the judge considers proper in accordance 
with this Act and the regulations. 



Parties 



Duty to 
register 
as an 
apprentice 



Idem 



(5) The Director or person serving the notice under subsec- 
tion (1), the parties to the contract to which the notice relates 
and such other persons as the judge may specify are parties 
to proceedings before the judge under this section. 1971, c. 50, 
s. 7 (4), part. 

9. — (1) Every person who commences to work at a trade 
for which an apprentice training program is established but 
who does not hold a certificate of apprenticeship or qualification 
in that trade shall, 

[a) forthwith apply in the prescribed form for appren- 
ticeship in that trade ; and 

(6) within three months after commencing to work in that 
trade, file with the Director his contract of apprentice- 
ship. 

(2) Every person who fails to comply with subsection (1) shall, 
upon the expiration of the period of three months mentioned in 
clause (1) (6), cease to work in that trade until he files with the 
Director his contract of apprenticeship or until the Director 
authorizes in writing the continuation or resumption of such 
work. R.S.O. 1970, c. 24, s. 8. 



Sec. 11(4)0) APPRENTICESHIP & TRADESMEN Chap. 24 125 

1 0. Where an apprentice training program is established for a J^g^®^ 
trade, every employer in the trade employing any person under 
twenty-one years of age, 

(a) who is not an apprentice in that trade; or 

(6) who does not hold a certificate of apprenticeship or 
qualification in that trade, 



shall immediately notify the Director of the particulars of 
the employment and of the name and address of the person 
so employed in order that the Director may inform the person 
so employed of his rights and duties under this Act. R.S.O. 
1970, c. 24, s. 9. 



11. — (1) The Lieutenant Governor in Council may desig- g?^ij»<i 
nate any trade as a certified trade for the purposes of this Act, 
and may provide for separate branches or classifications within 
the trade. 

(2) No person, other than an apprentice or a person of a-ml^work^n 
class that is exempt from this section or a person referred to *S^^"^®^ 
in subsection (4), shall work or be employed in a certified trade 
unless he holds a subsisting certificate of qualification in the 
certified trade. 



(3) No person shall employ any person, other than anPY^o^'^^o 
apprentice or a person of a class that is exempt from this employed in 
section or a person referred to in subsection (4), in a certified trade 
trade unless the person employed holds a subsisting certificate 

of qualification in the certified trade. 

(4) When a trade is certified under subsection (1), a person ^on^of^oge 
who is working in the trade at the time that it is certified shall l^t^^g'"^® 
be allowed a period of two years from the first day of the month desigrnation 
following the month in which the trade is certified to qualify 

for a certificate of qualification in the trade, if he, 



(a) is the holder of a certificate of apprenticeship in the 
trade; or 

{b) satisfies the Director that he has been continuously 
engaged as a journeyman in the trade for a period 
of time in excess of the apprenticeship period for the 
trade; or 



126 



Chap. 24 



APPRENTICESHIP & TRADESMEN Sec. 11 (4) (c) 



Employment 
of appren- 
tices on 
government 
contracts 
R.S.O. 1980, 
CO. 261, 290 



(c) satisfies the Director that he is quahfied to work in 
the trade and meets such other requirements as the 
Director may prescribe. R.S.O. 1970, c. 24, s. 10. 

12. Where an apprentice training program for a trade is in 
effect, no work shall be done in that trade on work within the 
meaning of the Mechanics' Lien Act or work under a contract 
within the meaning of the Ministry of Transportation and Com- 
munications Creditors Payment Act unless the contractor, as 
defined in that Act, has in his employ the number of apprentices 
required under the regulations. R.S.O. 1970, c. 24, s. 11. 



Strikes 13. Where an apprentice lawfully strikes within the meaning 

R.s o. 1980, Qf j-j^g Labour Relations Act, he shall be deemed not to have 

c. 12^ 

broken his contract of apprenticeship. R.S.O. 1970, c. 24, s. 12. 



Kssentials 
of appren- 
ticeship 
contracts 



Registration 
of contracts 



1 4. Every contract of apprenticeship shall be, 
{a) for a period of at least two years ; 
(6). in the prescribed form; 
(c) signed, 



(i) by the employer, 

(ii) by the person to be apprenticed, and 

(iii) if he is under eighteen years of age, by a parent 
or the guardian of the person to be apprenticed, 
but, if neither parent nor the guardian is wilHng 
to sign or is capable of signing, a judge of the 
county or district court of a county or district 
in which the employer carries on business may, 
upon the application of the person to be appren- 
ticed and without the appointment of a next 
friend, dispense with the signature of either 
parent or of the guardian upon proof to the 
satisfaction of the judge that the contract is in 
the interests of the person to be apprenticed; 
and 



yiiijttiip 



{d) approved by the Director. R.S.O. 1970, c. 24, s. 13; 
1971, c. 98, s. 4, Sched., par. 2. 

15. Every contract of apprenticeship shall, upon its ap- 
proval by the Director, be registered by him forthwith. R.S.O. 
1970, c. 24, s. 14. 



Minors \Q, Every apprentice who is under eighteen years of age 

shall perform and is entitled to the benefits of his contract of 



Sec. 20(1) APPRENTICESHIP & TRADESMEN Chap. 24 127 

apprenticeship in accordance with its terms in the same 
manner and to the same extent as if he were of the full age of 
eighteen years. R.S.O. 1970, c. 24, s. 15; 1971, c. 98, s. 4, 
Sched., par. 2. 

17. — (1) A contract of apprenticeship shall not be termin- Termination 

01 &DD17611- 

ated before the completion of the apprenticeship period ticesMp 

• jj.i- ,v rr- contracts 

provided therein except by, 

{a) the death of either party; 

(6) consent, express or implied, of the parties; or 

(c) cancellation for cause of the contract. 

(2) Where in the opinion of the Director the terms of a transfer 
contract of apprenticeship cannot be fulfilled to the advantage 

of either party, he may arrange for the transfer of the contract. 

(3) The termination, cancellation or transfer of a contract Termination, 

6tjC to bft 

of apprenticeship shall be noted by the Director on the regis- noted 
tered copy of the agreement. R.S.O. 1970, c. 24, s. 16. 

1 8. Where an apprentice has completed an apprenticeship Certificate 
training program for a certified trade and has passed such swp 
final examinations as are prescribed by the Director to deter- 
mine his competency and has complied with the provisions 
of this Act and the regulations, the Director shall issue to him 
a certificate of apprenticeship for the certified trade. 1971, 
c. 50, s. 7 (4), part. 

19. — (1) Where an applicant for a certificate of quali- ofquaimca- 
fication for a certified trade is the holder of a certificate of ^°^^° . 

^. , . . , , . , , , • . holder of 

apprenticeship in the trade issued under this Act or a pre- certificate of 
decessor of this Act, the Director shall, upon payment of the ship 
prescribed fee and without examination, issue to him a certi- 
ficate of qualification for the trade. 

(2) Where an applicant for a certificate of qualification for J'oiderof 

a certified trade who is not the holder of a certificate of certificate 

.... - , ,-,•,, of apprentice- 

apprenticeship in the trade has complied with the require- ship 

ments of this Act and the regulations to entitle him to such 

certificate of qualification, the Director shall, upon payment 

of the prescribed fee, issue to him a certificate of qualification 

for the certified trade. 1971, c. 50, s. 7 (4), part. 

20. — (1) Unless otherwise prescribed by regulation, a Tera^of ^^ 
certificate of qualification expires two years after the date of 
its issue. 



128 

Renewal 



Chap. 24 



APPRENTICESHIP & TRADESMEN 



Sec. 20 (2) 



(2) Subject to section 21, a certificate of qualification shall be 
renewed by the Director upon application and payment of the 
prescribed fee by the holder. 1971, c. SO, s. 7 (4), part. 



Refusal 
to renew, 
suspension 
or revoca- 
tion 



2 1 . Subject to section 23, the Director may refuse to renew or 
may suspend or revoke a certificate of qualification where, 

(a) the holder is convicted of an offence under this Act 
or the regulations; or 



(b) there are reasonable grounds for beheving that the 
holder is without capacity or not competent to per- 
form work in the certified trade to which the certi- 
ficate relates with reasonable skill. 1971, c. 50, s. 7 (4), 
part. 



Suspension, 
etc., of 
trade school 
licence 



Proposal 
to suspend, 
etc., licence 



22. Where under the regulations a licence is required for 
the operation of a trade school teaching any trade to which this 
Act applies and a licence for a trade school has been issued 
thereunder, subject to section 23 , the Director may refuse to renew 
or may suspend or revoke the licence where the school is not being 
operated, 

(a) in accordance with this Act and the regulations; or 

(6) so as to provide reasonable and adequate training 
for the students taught therein. 1971, c. 50, s. 7 (4), 
part. 

23. — (1) Where the Director proposes to refuse to renew or to 
suspend or revoke a certificate of qualification or a licence under 
section 2 1 or 22 , he shall serve notice of his proposal, together with 
written reasons therefor, on the holder of the certificate or licen- 
see. 



Notice 



(2) A notice under subsection (1) shall inform the holder of the 
certificate or licensee that he is entitled to a hearing by a judge of 
the county or district court for the county or district in which he 
resides if he applies to a judge thereof within fifteen days after the 
notice under subsection (1) is served on him, and he may so apply 
for such a hearing. 



Powers of 
Director 
where no 
hearing 



Powers of 
judge where 
hearing 



(3) Where a holder of a certificate or licensee does not apply to a 
judge for a hearing in accordance with subsection (2), the Director 
may carry out the proposal stated in his notice under subsection 

(1). 

(4) Where a holder of a certificate or licensee applies to a 
judge for a hearing in accordance with subsection (2), the judge 



Sec. 24 (3) APPRENTICESHIP & TRADESMEN Chap. 24 129 

shall appoint a time for and hold the hearing and, on the 
application of the Director at the hearing, may, by order, 
direct the Director to carry out his proposal or refrain from 
carrying out his proposal and to take such action as the 
judge considers the Director ought to take in accordance 
with this Act and the regulations, and for such purposes the 
judge may substitute his opinion for that of the Director. 

(5) Where, within the time prescribed therefor or, if no time q°qq^^^^^ 
is prescribed, before expiry of his certificate of qualification or licence 

or licence, a holder of the certificate or the licensee has renewtS 
applied for renewal thereof and paid the prescribed fee, the 
certificate or licence shall be deemed to continue, 

(a) until the renewal is granted; or 

(b) where he is served with notice that the Director 
proposes to refuse to grant the renewal, until the 
time for applying for a hearing by a judge has 
expired and, where a hearing is applied for, until the 
judge has made his decision. 

(6) The Director, the holder of a certificate or licensee who Parties 
has applied for the hearing and such other persons as the 
judge may sp>ecify are parties to proceedings before a judge 
under this section. 1971, c. 50, s. 7 (4), part. 

24. — (1) Service of a notice under section 8 or 23 may Ser^ce^ 
be made personally or by registered mail addressed to the 
person to be served at his last known address, and, where 
notice is served by registered mail, the notice shall be deemed 
to have been served on the third day after the day of mailing 
unless the person on whom notice is being served establishes 
to the judge to whom he applies for a hearing that he did not, 
acting in good faith, through absence, accident, illness or 
other cause beyond his control receive the notice or order 
until a later date. 

(2) A judge to whom application is made for a hearing ^^f^^°° 
under section 8 or 23 may extend the time for making the for appeal 
application, either before or after expiration of the time fixed 
therein, where he is satisfied that there are prima facie grounds 

for granting relief to the applicant pursuant to a hearing and 
that there are reasonable grounds for applying for the exten- 
sion and may give such directions as he considers proper 
consequent upon the extension. 

(3) Notice of a hearing under section 8 or 23 shall afford Notice^of 
the parties or the holder of a certificate or licence, as the case 

may be, a reasonable opportunity to show or to achieve 



130 



Chap. 24 



APPRENTICESHIP & TRADESMEN 



Sec. 24 (3) 



Examination 
of docu- 
mentary 
evidence 



compliance before the hearing with all lawful requirements 
for the continuation of the contract of apprenticeship or 
retention of the certificate of qualification or licence. 

(4) A party to a contract of apprenticeship or a holder of a 
certificate of qualification or licensee who is a party to proceed- 
ings under section 8 or 23 shall be afforded an opportunity 
to examine before the hearing any written or documentary 
evidence that will be produced or any report the contents of 
which will be given in evidence at the hearing. 



ofevidenc^ (5) The Oral evidence taken before the judge at a hearing 

shall be recorded and, if so required, copies or a transcript 
thereof shall be furnished upon the same terms as in the 
Supreme Court. 



Findings 
of fact 



R.S.O. 1980, 
c. 484 



(6) The findings of fact of a judge pursuant to a hearing shall 
be based exclusively on evidence admissible or matters that 
may be noticed under sections 15 and 16 of the Statutory Powers 
Procedure Act. 1971, c. 50, s. 7 (4), part. 



Appeal to 
court 



25. — (1) Any party to proceedings before a judge under this 
Act may appeal from the decision or order of the judge to the 
Divisional Court in accordance with the rules of court. 



Record to 
be filed 
in court 



Minister 
entitled to 
be heard 



Powers of 
court on 
appeal 



(2) Where notice of an appeal is served under this section, the 
judge shall forthwith file in the Divisional Court the record 
of the proceedings before him in which the decision or order 
was made which, together with the transcript of the evidence 
before the judge, if it is not part of the record of the judge, 
shall constitute the record in the appeal. 

(3) The Minister is entitled to be heard, by counsel or 
otherwise, upon the argument of an appeal under this section. 

(4) The Divisional Court may affirm the decision of the 
judge appealed from or may rescind it and make such new 
decision as the court considers proper under this Act and the 
regulations, and may order the Director to do any act or 
thing he is authorized to do under this Act and as the court 
considers proper, and for such purpose the court may sub- 
stitute its opinion for that of the Director or of the judge, or 
the court may refer the matter back to the judge for rehear- 
ing, in whole or in part, in accordance with such directions as 
the court considers proper. 1971, c. 50, s. 7 (4), part. 



Offences 



26. — (1) Every person. 



{a) who contravenes any provision of this Act or the 
regulations ; 



Sec. 27 APPRENTICESHIP & TRADESMEN Chap. 24 131 

(b) who fails to carry out the terms of a contract of 
apprenticeship under this Act ; 

(c) who enters into a contract or arrangement relating 
to the employment of an apprentice that is not in 
accordance with this Act ; 

{d) who withholds any information with regard to the 
working or training conditions of apprentices or makes 
any misrepresentation with regard thereto; 

(e) who obstructs, hinders, prevents or otherwise inter- 
feres with the carrying out of this Act or the regula- 
tions or the terms of a contract of apprenticeship 
under this Act; or 

(/) who uses for the purpose of obtaining employment or 
business a certificate of apprenticeship, a certificate 
of qualification or a certificate of proficiency issued 
to another person, 

is guilty of an offence and on conviction is liable to a fine of not 
more than $1,000. 



(2) In addition to any fine that may be imposed on an employer collection 
for his failure to pay an apprentice the wages due an apprentice, ofa^ppren- 
the court may order the employer to pay to the Director in trust for 
the apprentice an amount equal to the arrears of wages to which 
the apprentice is entitled, and, when the order becomes final, a 
copy of it, certified as a true copy by the court that made it, may be 
filed by the Director with the clerk of the county or district court of 
a county or district in which the employer carries on business or, 
where the amount of arrears does not exceed $ 1 ,000, with the clerk 
of a like small claims court, and, when so filed and upon payment 
of the fees of the clerk of the court, such order becomes an order of 
the court in which it is filed and may be enforced as a judgment of 
the court against the employer for the amount mentioned in the 
order and the fees so paid. R.S.O. 1970, c. 24, s. 17. 

fi'" ■'i*i 
27. A statement as to the issuing or non-issuing of a of Director 
certificate, approval or licence, or the renewal, revocation or **® ^°^^^ 
suspension of a certificate or licence, or as to the registration 
or non-registration of a contract of apprenticeship purporting 
to be certified by the Director is, without proof of the appoint- 
ment or signature of the Director, receivable in evidence as 
prima facie proof of the facts stated therein for all purposes in 
any action, proceeding or prosecution. 1972, c. 113, s. 1. 



132 Chap. 24 APPRENTICESHIP & TRADESMEN Scc. 28 

Regulations 28. The Lieutenant Governor in Council may make regula- 

tions, 

{a) defining any trade ; 

(6) establishing an apprentice training program for any 
trade or group of trades ; 

(c) exempting any trade or class of persons in a trade 
from this Act and the regulations or from any provi- 
sion of either of them ; 

(d) providing a system of proficiency certificates for any 
trade not designated as a certified trade under sec- 
tion 11; 

(e) providing for approval by the Director of apprentice 
training programs established by employers ; 

(/) providing licences for trade schools teaching any 
trade to which this Act applies and respecting their 
issue and prescribing courses of study and methods 
of training in such trade schools and respecting their 
operation ; 

{g) respecting the periods of apprenticeship, qualifications 
and training of apprentices in any trade ; 

{h) approving or prescribing courses of training or study 
for apprentices, and fixing the credits to be allowed 
for such courses ; 

[i] prescribing, in respect of any trade, rates of wages for 
applicants for apprenticeship or apprentices or any 
class of applicants or apprentices ; 

{j ) prescribing the maximum number of persons who may 
be apprenticed to an employer in a trade; 

(k) respecting the ratio of apprentices to journeymen who 
may be employed by an employer in a trade ; 

(l) providing for Interprovincial Standards Examina- 
tions and standing thereunder and for the recogni- 
tion of certificates or standings granted under Inter- 
provincial Standards Examinations in other provinces 
and the granting of certificates of qualification pur- 
suant thereto; 

(m) providing for the granting of provisional certificates 
of qualification and the grounds therefor and the 
conditions thereof; 



Sec. 28 (0 APPRENTICESHIP & TRADESMEN Chap. 24 133 

(n) respecting the renewal of certificates of qualification 
that have expired without being renewed and the condi- 
tions of renewal; 

{o) providing for the issue of certificates of qualification or 
licences to persons whose certificates or licences have 
been cancelled and the conditions upon which they may 
be issued; 

(p) respecting the making, registration or transfer of con- 
tracts of apprenticeship; 

iq) requiring and providing for the posting up in employers' 
premises of extracts from this Act or the regulations; 

(r) defining any expression used in this Act for the purposes 
of this Act; 

(5) providing for and prescribing fees; 

(t) prescribing forms and providing for their use. R.S.O. 
1970, c. 24, s. 18; 1971, c. 50, s. 7 (5-7). 



•lii bim bav/'jfi'ji 7*ni»d iu 



•10 



0.^.>> 



Sec. 6 ARBITRATIONS Chap. 25 135 



CHAPTER 25 
Arbitrations Act 



1. In this Act, Interpre- 

' tatlon 

{a) "court" means the Supreme Court; 

(b) "judge" means a judge of the Supreme Court; 

(c) "prescribed" means prescribed by the regulations 
made under this Act; 

id) "rules of court" means the rules of the Supreme Court 

made under the Judicature Act: ^ ,,9 ^^*°' 

' c. 223 

(e) "submission" means a written agreement to submit 
present or future differences to arbitration, whether 
or not an arbitrator is named therein. R.S.O. 1970, 
c. 25, s. 1; 1973, c. 28, s. 1. 

2. This Act applies to an arbitration to which Her Majesty crown 
is a party. R.S.O. 1970, c. 25, s. 2. 

3. This Act applies to every arbitration under any Act ^n^er^"''®" 
passed before or after the commencement of this Act as if the statutory 

^ . ... . , powers 

arbitration were pursuant to a submission, except m so far as 
this Act is inconsistent with the Act regulating the arbitration 
or with any rules or procedure authorized or recognized by 
that Act. R.S.O. 1970, c. 25, s. 3. 

4. A submission, unless a contrary intention is expressed ^ufty^of 
therein, is irrevocable, except by leave of the court, and has submission 
the same effect as if it had been made an order of the court. 
R.S.O. 1970, c. 25, s. 4. 

5. A submission, unless a contrary intention is expressed ^fs^ion to 
therein, shall be deemed to include the provisions set forth include 
in the Schedule hereto, so far as they are applicable to the 
reference. R.S.O. 1970, c. 25, s. 5. 

6. Where a submission provides that the reference is to an officmi^^ 
official referee, any official referee to whom application is act 
made shall hear and determine the matters agreed to be referred. 
R.S.O. 1970. c. 25. s. 6. 



136 



Chap. 25 



ARBITRATIONS 



Sec. 7 



staying legal 
proceedings 
taken after 
submission 



7. If a party to a submission, or a person claiming through 
or under him, commences any legal proceeding in any court 
against any other party to the submission, or any person 
claiming through or under him, in respect of any matter agreed 
to be referred, any party to such legal proceeding may at any 
time after appearance and before delivering any pleading or 
taking any other step in the proceeding apply to that court 
to stay the proceeding and a judge of that court, if satisfied 
that there is no sufficient reason why the matter should not be 
referred in accordance with the submission and that the 
applicant was at the time when the proceeding was commenced 
and still remains ready and willing to do all things necessary 
to the proper conduct of the arbitration, may make an order 
staying the proceeding. R.S.O. 1970, c. 25, s. 7. 



Appoint- 
ment by 
court 



8. — (1) In any of the following cases, 

(a) where a submission provides that the reference is to 
a single arbitrator and the persons whose concurrence 
is necessary do not, after differences have arisen, con- 
cur in the appointment of an arbitrator; or 

(b) where an arbitrator, an umpire or a third arbitrator 
is to be appointed by a person and such person does 
not make the appointment ; or 

(c) unless the submission otherwise provides, where an 
arbitrator, an umpire or a third arbitrator refuses to 
act or is incapable of acting or dies and the vacancy 
is not supplied by the person having the right to fill 
the vacancy, 

a party may serve the other party or the arbitrators, or the 
person who has the right to make the appointment, as the case 
may be, with a written notice to concur in the appointment 
of a single arbitrator or to appoint an arbitrator, umpire or 
third arbitrator. 



When court 

may 

appoint 



(2) If the appointment is not made within seven clear days 
after the service of the notice, a judge may, on application by 
the party who gave the notice, appoint an arbitrator, umpire 
or third arbitrator, who shall have the like powers to act in 
the reference and make an award as if he had been appointed 
by consent of all parties. R.S.O. 1970, c. 25, s. 8. 



arbitrators ^' ^^ arbitrator or umpire acting under a submission has, 

unless the submission expresses a contrary intention, power, 



(a) to administer oaths to the parties and witnesses ; 



Sec. 16 (1) ARBITRATIONS Chap. 25 137 

(b) to state an award as to the whole or part thereof in 
the form of a special case for the opinion of the court ; 
and 

(c) to correct in an award any clerical mistake or error 
arising from any accidental slip or omission. R.S.O. 
1970, c. 25, s. 9. 

10. The time for making an award may from time to time Eniararing 
be enlarged by a judge whether or not the time for making the making 
award has expired. R.S.O. 1970, c. 25, s. 10. "^"^ 

11. — (1) The court may remit the matters referred, or anv?®"^^*""^ 

,, 1 . . -^ . ,, ,. . •^ forrecon- 

of them, to the reconsideration of the arbitrators or umpire, sideration 
(2) The arbitrators or umpire shall, unless the order other- when award 

to D6 IT)fi.nA 

wise directs, make the award within three months after the 
date of the order. R.S.O. 1970, c. 25, s. 1 1 . 

12. — (1) Where an arbitrator or umpire has misconducted ^^^oyai of 
himself, the court may remove him. 

(2) Where an arbitrator or umpire has misconducted himself fsMe^^ 
or an arbitration or award has been improperly procured, the award 
court may set the award aside. R.S.O. 1970, c. 25, s. 12. 

13. An award may, by leave of a judge, be enforced in the Enforcing 
same manner as a judgment or order to the same effect. R.S.O. 

1970, c. 25, s. 13. 

14. A party to a submission may sue out of the court a writ Subpoenaing 
of subpoena ad testificandum or a writ of subpoena duces tecum, 

but no person shall be compelled under any such writ to 
produce any document that he would not be compellable to 
produce on the trial of an action. R.S.O. 1970, c. 25, s. 14. 

15. — (1) Where a party to a submission desires to procure commission 
for use upon the reference the evidence of a person to be taken witnesses 
de bene esse or to be taken out of Ontario, an order may be made 
for the examination of such person or for the issue of a com- 
mission in the like circumstances and with the like effect as 
a similar order may be made in an action. 

(2) The Judicature Act and the rules of court apply to such Application 
order or commission and to the proceedings thereon and the rs.o. i98o, 
evidence taken thereunder. R.S.O. 1970, c. 25, s. 15. and "les 

16. — (1) Where it is agreed by the terms of the submission ^J'^"'? . 

' o J submission 

that there may be an appeal from the award, an appeal lies provides for 
to the Divisional Court. ^pp"^ 



138 



Chap. 25 



ARBITRATIONS 



Sec. 16 (2) 



Procedure 
by party 
taking up 
award 



(2) Where by the agreement of the parties or by the provi- 
sions of any statute there is an appeal from an award, the 
party taking up the award shall file it with the registrar of the 
court and shall serve a copy of it and a notice of its filing upon 
the opposite party. 



Notice of 
appeal 



(3) Notice of appeal may be served within fourteen days 
returnable within thirty days after service of the copy of the 
award and notice of filing. 



Taking . (4) In all cases in which there is a right of appeal, the 

©vidcncG in »-j i x 

writing evidence of the witnesses shall be taken down in longhand and 

be signed by the witnesses, or be taken in shorthand. 

Evidence (5) It is not necessary that evidence taken in shorthand be 

transcribed transcribed unless an appeal is taken. 

only on 
an appeal 

Exhibits, (6) Upon the request of the party appealing, the exhibits 

to registrar shall be transmitted by the arbitrator to the office of the 
registrar of the court for the purpose of the appeal. 

stenographer ( '^) ^ Stenographer employed to take evidence in shorthand 
shall be sworn to take down and transcribe the evidence 
faithfully and shall certify to the accuracy of all copies 
supplied. 



statement of 
proceeding 
on view or 
special 
knowledge 



(8) Where the arbitrators proceed wholly or partly on a 
view or any knowledge or skill possessed by themselves or 
any of them, they shall also put in writing a statement thereof 
sufficiently full to enable a judgment to be formed of the 
weight that should be attached thereto. 



Requiring 
further 
report from 
arbitrator 



(9) The Divisional Court may require explanations or reasons 
from the arbitrator and may remit the matter or any part thereof to 
him for further consideration. 



Powers of 
court as to 
extension 
of time 



(10) The Divisional Court may extend the time limited by this 
section either before or after its expiry or may dispense with 
compliance with the requirements of this section. R.S.O. 1970, 
c. 25, s. 16. 



Interpre- 
tation 



17. In sections 18 to 24, 

{a) "arbitrator" and "arbitrators" include an umpire 
and a referee in the nature of an arbitrator ; 



{b) "award" includes umpirage and a certificate in the 
nature of an award. R.S.O. 1970, c. 25, s. 17. 



Sec. 22 (1) ARBITRATIONS Chap. 25 139 

18. The parties to a submission may agree, by writing Agreement 
signed by them or by making such agreement a part of the be paid to 
submission, to pay to the arbitrator or to the arbitrators, *^ ^*''*'°''^ 
if more than one, such fees for each day's attendance, or such 

gross sum for taking upon themselves the burden of the 
reference and making the award, as the parties see fit, and 
no arbitrator shall take or receive from either party to a sub- 
mission any greater fee than that agreed upon, or in default 
of agreement than the maximum prescribed therefor, and 
the receipt of any greater fee may be regarded as misconduct 
justifying the setting aside of the award. R.S.O. 1970, c. 25, 
s. 18; 1973, c. 28, s. 2; 1976, c. 5, s. 1. 

19. No greater fees shall be taxed to a person called as a ^Pg^g 
witness before an arbitrator than would be taxed to him in 

an action in the court. R.S.O. 1970, c. 25, s. 19. 

20. Where at a meeting of arbitrators of which due notice costs of 

1 , • 1- . 1 ■ r , meeting 

has been given no proceedmgs are taken m consequence of the where no 

131*006 6 din ITS 

absence of a party, or of a postponement at the request of a 
party, the arbitrators shall make up an account of the costs 
of the meeting, including the proper charges for their own 
attendance and that of any witnesses and of the counsel or 
solicitor of the party present and not desiring the postpone- 
ment, and, unless under the special circumstances of the case 
they think that it would be unjust so to do, they shall charge 
the amount thereof, or of the disbursements, against the party 
in default or at whose request the postponement is made, and 
the last mentioned party shall pay the same to the other 
party, whatever may be the event of the reference, and the 
arbitrators shall, in the award, make any direction necessary 
for that purpose, and the amount so charged may be set off 
against, and deducted from, any amount awarded in his favour. 
R.S.O. 1970, c. 25, s. 20. 

21. — (1) A party to an arbitration is entitled to have the ^^|nce°'*^ 
costs thereof, including the fees of the arbitrators, or such fees of parties 
alone, taxed by one of the taxing officers of the court at 
Toronto upon an appointment that may be given by the taxing 
officer for that purpose on the filing of an affidavit setting 
forth the facts. 

(2) A taxation of the fees of the arbitrators may be had at instance 
upon an appointment given at the instance of the arbitrators or arbitrators 
any of them upon a like affidavit. R.S.O. 1970, c. 25, s. 21. 

22. — (1) The taxing officer shall in no case, except as pro-^/^^^° 
vided in section 18, tax higher fees than are prescribed to officer 
the arbitrators but, upon reasonable grounds, he may reduce 
the fees to any amount below the maximum prescribed, but 



140 



Chap. 25 



ARBITRATIONS 



Sec. 22 (1) 



Costs of 
award 



not below the minimum, having regard always to the length 
of the arbitration, the value of the matter in dispute, and the 
difficulty of the questions to be decided, and the fees to be 
allowed to solicitors and counsel shall be as nearly as may be 
similar to the fees allowed upon a reference in the court or the 
county court, the scale to be determined by the taxing officer 
having regard to the value of the matter in dispute, but he 
shall not tax more than one counsel fee to either party. R.S.O. 
1970,c. 25,5.22 (1); 1973, c. 28, s. 3. 

(2) The taxing officer may tax a reasonable sum for preparing 
the award. 



tw«iUon°'" (^) ^" appeal may be had from such taxation in the same 
manner as from a taxing officer's certificate of taxation in an 
action. 



Power to 
reduce fees 



(4) The taxing officer and the judge upon appeal from taxa- 
tion have the power to reduce fees payable to the arbitrator 
and to counsel and solicitors where the arbitration has been 
unduly prolonged. R.S.O. 1970, c. 25, s. 22 (2-4). 



Penalty for 

arbitrator 

attempting 

to exact 

excessive 

fees 



23. An arbitrator who, after having entered upon the refer- 
ence, refuses or delays after the expiration of one month from 
the publication of the award to deliver it until a larger sum is 
paid to him for his fees than is permitted by this Act, or who 
receives for his award or for his fees as arbitrator any such 
larger sum, shall forfeit and pay to the party who has 
demanded delivery of the award or who has paid to the 
arbitrator such larger sum in order to obtain, or as a considera- 
tion for having obtained it, treble the excess so demanded or 
received by the arbitrator contrary to this Act, to be recovered 
by action in a court of competent jurisdiction. R.S.O. 1970, 
c. 25, s. 23. 



Arbitrator 
to have 
action 
for fees 



24. Where an award has been made, the arbitrator may 
maintain an action for his fees after they have been taxed, and 
in the absence of an express agreement to the contrary, he 
may maintain such action against all the parties to the 
reference, jointly or severally. R.S.O. 1970, c. 25, s. 24. 



Order to 
sheriff to 
produce 
prisoner as 
witness 



25. A judge may order the sheriff, jailer or other officer 
having the custody of a prisoner to produce him for examination 
before an arbitrator or an umpire. R.S.O. 1970, c. 25, s. 25. 



Case stated 
for opinion of 
Divisional 
Court 



26. An arbitrator or an umpire may at any stage of the 
proceedings and shall, if so directed by the Divisional Court, state 
in the form of a special case for the opinion of the Divisional Court 
any question of law arising in the course of the reference, and an 
arbitrator or umpire appointed under the authority of a statute or 



Sec. 31 (2) ARBITRATIONS Chap. 25 141 

by a court shall, when so directed by the Divisional Court, state 
the reasons for his decision and his findings of fact and of 
law. R.S.O. 1970, c. 25, s. 26. 

27. An order made under this Act may be made on such^ostsin 
terms as to costs or otherwise as the authority making the of court 
order thinks just. R.S.O. 1970, c. 25, s. 27. 

28. An arbitrator or an umpire, where no special reason E^^P®i^i^*°* 
appears to him to exist for filing an original book, paper or original 
document as an exhibit, as hereinbefore provided, may allow ** 

a copy thereof or of such part thereol ^s he considers material 
to be substituted as an exhibit in the place of the original 
book, paper or document. R.S.O. 1970, c. 25, s. 28. 

20. Upon an appeal from or motion to set aside an award, Production 

'■ ,'■'■. . , 'of ezblDlts 

any party may by notice require any other party to produce, on appeal or 

and the party so required shall produce upon the hearing of the set aside" 

appeal or motion, any original book, paper or document in his ^^^^ 

possession that has been used as an exhibit or given in evidence 

upon the reference and that has not been filed with the 

depositions. R.S.O. 1970, c. 25, s. 29. 

30. — (1) Except by leave of the court, an application to set Tiinefor 
aside an award, otherwise than by way of appeal, shall not set aside 
be made after six weeks from the publication of the award. 

(2) Such leave may be granted before or after the expiration "^IT**^*^" 

of the six weeks. maybe 

granted 

(3) In the computation of time for appeahng against, or^wjations 
applying to set aside, an award, the vacations shall not be reckoned 
reckoned. 

(4) When an award is set aside, the court setting it ^^side Cas^ of^ ^^^ 
may give directions as to the costs of the reference and award, award when 
R.S.O. 1970, c. 25, s. 30. tSdT'"' 

3 1 . — ( 1 ) Sub j ect to the approval of the Lieutenant Governor p°^®'_^ 
in Council, rules of court for the better carrying out of the 
purposes of this Act and regulating the practice thereunder 
may be made bv the Rules Committee. R.S.O. 1970, c. 25, 
s. 31. 

(2) The Lieutenant Governor in Council may make regu-^ees 
lations prescribing the maximum and minimum fees charge- 
able by arbitrators under this Act in default of agreement. 
1973, c. 28, s. 4; 1976, c. 5, s. 2. 



142 



Chap. 25 



ARBITRATIONS 



Sec. U (1) 



Appoint- 
ment of 
valuator, etc. 



32. — (1) A judge has power to appoint a valuator, valuer 
or appraiser in cases in which it is provided by a written 
agreement that a valuation or appraisement shall be made by a 
valuator, valuer or appraiser. 



Exercise 
of power 



(2) The power may be exercised in the like cases and the 
proceedings shall be the same as provided by section 8, except 
that the court does not have power, without the consent 
of the parties, to appoint a valuator, valuer or appraiser in the 
place of the one who is named in the agreement and who 
refuses to act, is incapable of acting or dies. R.S.O. 1970, c. 25, 
s. 32. 



Sched. ARBITRATIONS Chap. 25 143 

SCHEDULE 

(Section 5) 
Provisions to be implied in Submissions 

1. If no other mode of reference is provided, the reference is to a single 
arbitrator. 

2. If the reference is to two arbitrators, the two arbitrators may 
appoint an umpire at any time within the period during which they have 
power to make an award. 

3. If an arbitrator or umpire or third arbitrator refuses to act or is 
incapable of acting or dies, the party or parties, or the arbitrators by whom 
he was appointed, may appoint an arbitrator, umpire or third arbitrator, as 
the case may be, in his stead, and this power may be exercised from time 
to time as vacancies occur. 

4. The submission is not revoked by the death of the parties or either 
of them. 

5. The award shall be delivered to any of the parties requiring it, 
and the personal representatives of a party deceased may require delivery 
of the award. 

6. The arbitrators shall make their award in writing within three 
months after entering on the reference, or after having been called on to act 
by notice in writing from any party to the submission, or on or before 
any later date to which the arbitrators, by any writing signed by them, 
may from time to time enlarge the time for making the award. 

7. If the arbitrators have allowed their time or extended time to expire 
without making an award, or have delivered to any party to the submission, 
or to the umpire, a notice in writing stating that they cannot agree, the 
umpire may forthwith enter on the reference in lieu of the arbitrators. 

8. The umpire shall make his award within one month after the original 
or extended time appointed for making the award of the arbitrators has 
expired, or on or before any later day to which the umpire by any writing 
signed by him may from time to time enlarge the time for making his 
award. 

9. The parties to the reference, and all persons claiming through them 
respectively, shall, subject to any legal objection, submit to be examined 
by the arbitrators or umpire, on oath in relation to the matters in dispute, 
and shall, subject as aforesaid, produce before the arbitrators or umpire 
all books, deeds, papers, accounts, writings, documents and things within 
their possession or power respectively that may be required or called for, 
and do all other things during the proceedings on the reference that the 
arbitrators or umpire require. 

10. The witnesses on the reference shall be examined on oath. 

11. The award to be made by the arbitrators or by a majority of them 
or by the umpire is final and binding on all the parties and the persons 
claiming under them respectively. 

12. The costs of the reference and award are in the discretion of the 
arbitrators or umpire, who may direct to and by whom and in what manner 
those costs or any part thereof shall be paid. 

R.S.O. 1970, c. 25, Sched. A. 



■MA 



H'Mh* '-««, 



Sec. 5 (2) ARCHITECTS Chap. 26 145 

CHAPTER 26 
Architects Act 



1. The Ontario Association of Architects, hereinafter The Ontario 
called the Association, is continued as a body corporate, of Architects 

R.S.O. 1970, C. 27, S. 1. continued 

2. The objects of the Association are to promote and objects 
increase the knowledge, skill and proficiency of its members 

in all things relating to the profession of architecture and 
to advance and maintain a high standard in the practice 
of architecture in Ontario, and to those ends to establish 
and maintain or to assist in the establishment and mainten- 
ance of classes, schools, exhibitions or lectures in, and 
to promote public appreciation of, architecture and the 
allied arts and sciences. R.S.O. 1970, c. 27, s. 2. 

3. The Association may acquire by purchase, lease or?o,^erto 

,,. , i r ■ ,, hold real 

otherwise and possess real estate for its purposes, but for estate 
no other purposes, and may sell, mortgage, lease or other- 
wise dispose of any of its real estate. R.S.O. 1970, c. 27 
s. 3. 

4. The head office of the Association shall be at the Head office 
City of Toronto. R.S.O. 1970, c. 27, s. 4. 

5. — (1) Membership in the Association shall be granted ^^^f^" 
by the Registration Board of the Association on appli- membership 
cation to it if the applicant, 

(a) is of good character ; 

(6) is not less than twenty-one years of age ; 

(c) has passed the prescribed examination of the 
Registration Board or is exempted therefrom 
pursuant to its regulations ; 

{d) is domiciled in Ontario ; and 

{e) is a British subject, or has taken the oath of 
allegiance and declared his intention of becoming a 
British subject. 

(2) No corporation shall be granted membership in the ^^^^^°^ 
Association or be licensed to practise architecture in Ontario. 
R.S.O. 1970, c. 27, s. 5. 



146 



Chap. 26 



ARCHITECTS 



Sec. 5 (3) 



Exception 



Non-resident 
architects 
desiring to 
practise 



Council of 
Association 



Electoral 
districts 



Inclusion of 
city or town 



Term of 
office 



Filling 
vacancies 



(3) Subsection (2) does not prevent a member of the Association 
from offering or providing architectural services to a corporation 
in order to enable the corporation to provide architectural services 
in respect of a work or project situate outside Ontario. 1979, 
c. 104, s. 1. 

6. Membership in the AssQciation or temporary licences 
to practise in Ontario may be granted, upon such terms 
and subject to such conditions as the Registration Board 
by regulation provides, to any person who is a British 
subject domiciled outside Ontario but within the Common- 
wealth who is a member of an association or society of 
architects within the Commonwealth recognized by the 
Board. R.S.O. 1970, c. 27, s. 6. 

7. — (1) There shall be a council of the Association, 
in this Act called the Council, which shall consist of six 
members who shall be elected and hold office as provided 
in this section and where the immediate past president of 
the Association has not been re-elected to the Council, 
he shall also be a member thereof until he ceases to be 
the immediate past president, and the Council has power 
by by-law to increase the number of its members. 

(2) At least one member of the Council shall be elected 
from each of five electoral districts to be known as the 
Windsor, Hamilton, Toronto, London and Ottawa 
districts, and the five districts shall be composed as set 
forth in the Schedule, but the Council may by by-law 
alter the composition of any of the electoral districts and 
in any by-law increasing the number of members of the 
Council may provide for the creation of one or more new 
electoral districts and for the election of at least one 
member of the Council from each new district. 

(3) An electoral district established by reference to a 
county or territorial district includes the cities and separated 
towns therein. 

(4) Members of the Council shall hold office for three 
years from the 1st day of January following the date of 
their election. 

(5) Any member of the Council may resign by letter addressed 
to the president of the Association, and every vacancy caused by 
the death, resignation or incapacity to act of a member of the 
Council shall be filled by a member of the Association, 

(a) if a quorum of the Council remains in office, appointed 
by a majority vote of the members of the Council; or 

(b) if no quorum of the Council remains in office, 
elected under this section. 



Sec. 8 (3) ARCHITECTS Chap. 26 147 

and a person so appointed or elected shall be from the 
electoral district of the member whose place he is appointed 
or elected to fill and shall hold office for the unexpired 
portion of the term of such member. 

(6) A retiring member of the Council is not eligible Re-eiection 
for re-election for the year immediately following his retire- 
ment, except where he is the president or vice-president 
at the date of his retirement. R.S.O. 1970, c. 27, s. 7. 

8. — (1) The Registration Board of the Association, ing®|^'^*"°° 
this Act called the Board, is continued and shall carry 
on the functions of the Architects' Registration Board 
established under The Architects' Act, 1931, except asi93i,c.43 
herein varied, and the Board shall be composed as follows: 

1. One member of the Association to be appointed University 
by the University of Toronto and one member of 

the Association by each other university, college 
or body in Ontario that is by law authorized to 
grant degrees in architecture and that establishes 
and maintains to the satisfaction of the Board a 
faculty, school or department of architecture in 
connection therewith, each member appointed under 
this paragraph to hold office for a period of 
three years from the 1st day of January following 
his appointment. 

2. One member of the Association to be appointed ^^^j^®°^ 
by the Lieutenant Governor in Council, to hold 

office for a period of three years from the 1st day 
of January following his appointment. 

3. Three members of the Association for the first members 
appointee under paragraph 1 and one additional 
member of the Association for each additional appointee 
under paragraph 1 , these members to be elected in the 
manner hereinafter provided, and each to hold office for 

three years from the 1st day of January following his 
election. 

(2) Any member of the Board not otherwise disqualified Eu^^^iiity 
is eligible for reappointment or re-election at the expiration appointment 
of his term, but a member of the Council elected to the 

Board shall resign his seat on the Council before taking 
his seat on the Board, and a member of the Board, 
while in office, is not eligible for election to the Council. 

(3) Any member of the Board may resign by letter ^^^j^^ 
addressed to the chairman of the Board, and every vacancy 



148 Chap. 26 architects Sec. 8 (3) 

on the Board caused by the death, resignation or incapacity 
to act of any member shall be filled, 

(a) if such member has been appointed under paragraph 1 
of subsection (1) by the university, college or body that 
appointed him; 

(b) if such member has been appointed under paragraph 2 
of subsection (1), by the Lieutenant Governor in Council; 
and 

(c) if such member has been elected under paragraph 3 
of subsection (1), by a majority of the members of the 
Board still in office, if a quorum is still in office, or, if 
not, by election under the said paragraph 3, 

and a member of the Board appointed or elected to 
fill a vacancy shall hold office for the unexpired portion 
of the term of the member whose place he is appointed 
or elected to fill. R.S.O. 1970, c. 27, s. 8. 



Right to Q^ ^jj members of the Association are entitled to vote 

at elections for the Council and for the elective members 
of the Board. R.S.O. 1970, c. 27, s. 9. 



Regulations jQ^ — (1) The Board may make regulations, 

(a) for the admission of members of the Association 
and the annual renewal of membership therein ; 

(6) prescribing the qualifications of persons to be 
admitted and the proofs to be furnished as to 
education, good character and experience ; 

(c) prescribing examinations for admission and the 
method of conducting them ; 

{d) for keeping a register of members of the Association 
and for issuing certificates of membership under 
the seal of the Association and calling in such 
certificates where membership lapses or is cancelled 
or suspended ; 

(e) prescribing the fees to be paid on admission of 
members to the Association, by associates and 
student associates, on examinations, on annual 
renewal of membership in the Association and as 
annual fees by associates and student associates ; 



Sec. 10 (3) ARCHITECTS Chap. 26 149 

(/) providing for the discipline and control of members 
of the Association, including provision for the 
signing or sealing of drawings and specifications 
prepared by members of the Association ; 

(g) providing for the cancellation of membership for 
non-payment of fees and for the cancellation of 
membership where a member changes his domicile 
to a place outside the Commonwealth ; 

(h) providing for the election of members of the 
Council and of the elective members of the Board, 
for the holding of meetings of the Board and for 
fixing the quorum of the Board ; 

(») for the election of a chairman and vice-chairman 
and the appointment of a secretary and such other 
officers of the Board as it desires and for prescribing 
their duties, and, subject to the provisions herein- 
after contained, for fixing their remuneration; 

(_;') for granting temporary licences to practise archi- 
tecture under section 6 and fixing the fees to be 
paid thereon ; 

{k) generally for the better carrying out of the powers 
vested in the Board. 

(2) Subject to the approval of the Lieutenant Governor DiscipUn^ 
in Council, the Board may make regulations, 

{a) providing for the investigation of any complaint 
that a member of the Association has been guilty 
of misconduct or incompetence, so as to render 
it desirable in the public interest that his membership 
be suspended or cancelled ; 

(b) providing for the cancellation or suspension of 
the membership of any person found by the Board 
to be guilty of misconduct or incompetence and 
for the publication in the public press of notice 
of such cancellation or suspension and the reasons 
therefor ; 

(c) providing the terms and conditions on which a 
member whose membership has been cancelled 
may in a proper case be restored to membership. 

(3) A copy of every regulation made under this section ^regulations 
shall be furnished to every member of the Association. 

R.S.O. 1970, c. 27. s. 10. 



150 

By-laws 



Chap. 26 



ARCHITECTS 



Sec. 11 



Application 
of funds 
of the 
Association 



Duty of 
Council and 
members In 
respect of 
complaints 



11. The Council may pass by-laws, 



(a) for the control and management of the real and 
personal property of the Association ; 

{b) instituting and furnishing means and facilities for 
the promotion of knowledge, proficiency and a high 
standard of ethics in all things relating to the 
practice of architecture ; 

(c) providing for scholarships, lectures and exhibitions ; 

{d) for the holding of meetings of the Association 
and the Council and fixing the quorum thereat ; 

{e) for the election of a president, vice-president, 
and treasurer of the Association and the appoint- 
ment of a secretary and such other officers of 
the Association as the Council desires and for 
prescribing their duties, and, subject to the pro- 
visions hereinafter contained, for fixing their re- 
muneration ; 

(/) for the election of associates, student associates, 
and honorary members ; 

is) appointing representatives to other architectural 
associations or bodies and maintaining connection 
with the Royal Architectural Institute of Canada; 

{h) generally for carrying out the objects of the 
Association in all matters other than those referred 
to in section 10, all of which are reserved for 
regulation by the Board. R.S.O. 1970, c. 27, s. 11. 

12. The Council shall provide from the funds of the 
Association all moneys required by the Board to enable 
it to function in accordance with the powers vested in it, 
and any funds of the Association may be applied in 
carrying out this Act and the regulations or by-laws made 
under it and in furthering the objects of the Association 
and paying the costs and expenses incurred for or incident 
to the enactment of this legislation. R.S.O. 1970, c. 27, 
s. 12. 

13. It is the duty of each member of the Council to 
bring before it all complaints of misconduct or incompetence 
on the part of any member of the Association that may be 
brought to his attention and it is the duty of the Council 
to bring before the Board all such cases that in its 



Sec. 16 (2) ARCHITECTS Chap. 26 151 

opinion should be dealt with by the Board, but nothing 
herein prevents anyone from bringing before the Board 
any complaints of misconduct or incompetence on the 
part of any member of the Association. R.S.O. 1970, 
c.27,s. 13. 

14. There shall be paid to the members of the Council ^ees 
and the Board such fees for attendance and such reasonable 
travelling expenses as are fixed, in the case of the Board, 

by its regulations and, in the case of the Council, by 
by-law, such fees, exclusive of travelling expenses, not to 
exceed $15 per meeting for the chairman of the Board 
and $15 per meeting for the president of the Association 
and $10 per meeting for any other member of the Board 
or the Council, but, where the secretary of the Board 
or the Council is also a member of the Board or the 
Council, he may be paid such salary as the body appointing 
him decides upon, in addition to or by way of substitution 
for his fee as a member of such body. R.S.O. 1970, 
c. 27, s. 14. 

15. Subject to the approval of the Council, members chapters 
may form themselves into groups for promoting the objects 

of the Association, and such groups shall be known as 
Chapters and, subject to the approval of the Council, 
each Chapter has power to make by-laws for the admission 
of members and associates thereof, for the election of 
officers and the holding of meetings and for otherwise 
conducting its affairs. R.S.O. 1970, c. 27, s. 15. 



16. — (1) Every person who, not being a member of the a^aj^nstuse' 
Association, or who, having been a member, has had his ofword 

fl.rcliitj6ct 

membership cancelled or is under suspension, or who, not etc. 
being licensed under section 6, applies to himself the 
term "architect" alone or in combination with any other 
term, or who holds himself out as an architect, is guilty 
of an offence and on conviction is liable to a fine of not more than 
$100 for a first offence and to a fine of not less than $300 and not 
more than $500 or to imprisonment for a term of not more than 
three months, or to both, for any subsequent offence. 

(2) Every corporation that applies to itself the term JJ^'^j^rationB 
"architect" or "architects" alone or in combination with 
any other term or that holds itself out as an architect 
or as architects is guilty of an offence and the corporation 
or any director thereof, on conviction, is liable to a fine of not less 
than $ 100 and not more than $500 for a first offence and to a fine of 
not less than $200 and not more than $1,000, or to imprisonment 



152 Chap. 26 ARCHITECTS Sec. 16 (2) 

for a term of not more than three months, or to both, for any 
subsequent offence. 

Holding out (3) Without restricting the generality of subsections (1) 
defined and (2), any person or corporation who prepares or offers 

to prepare for a fee, commission or other remuneration 
any sketch, drawing or specification for a proposed building 
structure or for a structural alteration of or addition to 
an existing building structure, when such proposed work 
is to cost more than $10,000, shall be deemed to hold 
himself or itself out as an architect. R.S.O. 1970, c. 27, s. 16 
(1-3). 

''™^'s« (4) Nothing in this Act prevents or shall be construed to pre- 

vent, 

(a) any person from performing his duties in the Canadian 
Forces; 

(6) any member or licensee of the Association of 
Professional Engineers of the Province of Ontario 
^'^xgl '*^^"' under the Professional Engineers Act or any 

employee or person working under the responsi- 
bility of such member or licensee from performing 
architectural services in the course of any work 
undertaken or proposed to be undertaken by such 
member or licensee as an engineer ; 

(c) any partnership, association of persons or corpor- 
ation that is entitled to practise in its own name 
under the Professional Engineers Act in accordance 
with the conditions therein prescribed from perform- 
ing architectural services in the course of any 
work undertaken or proposed to be undertaken by 
such partnership, association or corporation pur- 
suant to such entitlement ; 

{d) any person or corporation from preparing a sketch, 
drawing or specification for a structure in, upon 
or pertaining to a mining property, or an alteration 
of or addition to an existing structure m, upon or 
pertaining to a mining property ; 

{e) a bona fide member of an architect's staff from 
preparing a sketch, drawing or specification in the 
course of his employment under the supervision 
of the architect ; 

(/) a bona fide building contractor, whether a person 
or a corporation, or a bona fide member of such 
contractor's staff domiciled in Ontario from preparing 



Sec. 17 ARCHITECTS Chap. 26 153 

a sketch, drawing or sp)ecification for such con- 
tractor's own use as a building contractor in the 
construction or alteration by such contractor, or 
by tradesmen employed by such contractor, of a 
building structure, whether it be proceeded with or 
not, and obtaining remuneration therefor; 

ig) any person or corporation from preparing a sketch, 
drawing or specification for interior decorations 
or the installation in the interior of a structure 
of fixtures, non-bearing partitions or equipment 
where the structural alterations involved do not 
raise considerations of strength or safety ; 

(A) any person or corporation from using the term 
"Landscape Architect" ; 

{i) any person in the course of his employment under 
the supervision of or in conjunction with an 
architect from preparing a sketch, drawing or 
sf)ecification for work to be undertaken by his 
employer ; 

ij) any person, firm or corporation engaged in the 
business of selling prefabricated building structures 
from furnishing such drawings, diagrams and direc- 
tions as are required for the assembling and 
erection of such structures; or 

(k) a corporation from offering or providing the architec- 
tural services of a member of the Association in respect 
of a work or project situate outside Ontario. R.S.O. 
1970, c. 27, s. 16 (4); 1979, c. 104, s. 2. 



(5) Associates, student associates and honorary members students, 
shall not be deemed to be members of the Association members, 
within the meaning of this section unless and until admitted 
to membership under section 5 or 6, but an honorary 
member or associate who has at some time been a member 
of the Association may continue to apply to himself 
the term "architect", but may not practise architecture. 
R.S.O. 1970, c. 27, s. 16(5). 



17. In the investigation of a complaint against a member Board has 
of the Association, the Board has the powers of a com- J^mmirsion 
mission under Part II of the Public Inquiries Act, which ""^^r 
Part applies to such investigation as if it were an inquiry c. 4ii 
under that Act. R.S.O. 1970, c. 27, s. 17; 1971, c. 49, 
s. 18. 



154 



Chap. 26 



ARCHITECTS 



Sec. 18 



to°uea°ainst ^^' ^° action shall be brought against the Board or 
Board or the Council or any member or officer thereof for anything 
done under this Act or under any by-law or regulation 
made under this Act. R.S.O. 1970, c. 27, s. 18. 

Appeal j9^ — (1) Anyone whose membership has been suspended or 

cancelled may, within fifteen days after the date of the 
order of suspension or cancellation, appeal to the Divisional Court 
from such order in accordance with the rules of court and the court 
has power to confirm, vary, vacate or set aside such order or to 
make such other order as it considers just, and to make an order 
for payment of the costs of the appeal and there shall be no further 
or other appeal. 



Practising: 

pending 

appeal 



(2) Pending an appeal, the person whose membership 
is suspended or cancelled may continue to practise, but, 
unless the order of suspension or cancellation is set aside, 
he shall not practise after the appeal has been disposed of, 
except that, in the case of suspension, he may practise 
upon and after the expiry of the period of suspension. 
R.S.O. 1970, c. 27, s. 19, revised. 



False 
certificates 



20. Every architect who wilfully makes a false certificate 
with respect to any work done or with respect to the cost, 
value or condition of any work or building is guilty of 
an offence and, in addition to being liable in damages for 
any injury or loss thereby suffered, is on conviction liable to a 
fine of not more than $100. R.S.O. 1970, c. 27, s. 20. 



Witness 
fees 



21. Every architect summoned to attend a civil or 
criminal court for the purpose of giving evidence in his 
professional capacity, for each day he so attends, is entitled 
to $5 in addition to his travelling expenses, to be taxed 
and paid in the manner by law provided with regard 
to the payment of witnesses attending such court. R.S.O. 
1970,c. 27,s. 21. 



Recovery 
of fees 



22. All fees fixed by the regulations of the Board shall 
be deemed to be a debt due to the Association and 
are recoverable with the costs of the suit in the name of 
the Association in the small claims court of the division 
in which the member liable resides or practises as an 
architect. R.S.O. 1970. c. 27, s. 22. 



Sched. ARCHITECTS Chap. 26 155 



SCHEDULE 

(Section 7 (2) ) 

ELECTORAL DISTRICTS 

Windsor 

Counties of Essex, Kent and Lambton. 

Hamilton 

Counties of Brant, Grey, Simcoe, and Wellington, The Regional 
Municipality of Harailton-Wentworth, The Regional Municipality of Haldi- 
mand-Norfolk, The Regional Municipality of Niagara and The Regional 
Municipality of Waterloo. 

Toronto 

The Municipahty of Metrop>oHtan Toronto, The Regional Municipahty 
of Durham, The Regional Municipality of Halton, The Regional Munici- 
pahty of Peel, The Regional Municipality of York and the counties of 
Dufferin, Hahburton, Hastings, Lennox and Addington, Northumberland, 
Peterborough, Prince Edward, and Victoria and the territorial districts of Algoma, 
Kenora, Manitoulin, Muskoka, Parry Sound, Rainy River and Thunder Bay and 
all places outside Ontario. 

London 

Counties of Bruce, Elgin, Huron, Middlesex, Oxford and Perth. 

Ottawa 

Counties of Dundas, Frontenac, Glengarr\', Grenville, Lanark, Leeds, 
Prescott, Renfrew, Russell and Stormont and The Regional Municipality of 
Ottawa-Carleton and the territorial districts of Cochrane, Nipissing, Sudbury and 
Timiskaming. 



R.S.O. 1970, c. 27, Sched., revised. 



Sec. 5 (c) ARCHIVES Chap. 27 157 



CHAPTER 27 
Archives Act 



1. In this Act, interpre- 

tation 

(a) "Archives" means the Archives of Ontario; 

(b) "Archivist" means the officer appointed to administer 
this Act. 1972, c. 1, s. 14 (1), part. 

2. There shall be an Archivist who shall be appointed ^"^hivist 
by the Lieutenant Governor in Council with the rank of a 
deputy head of a Ministry and who shall be in charge of the 
administration of this Act under the direction of the member 

of the Executive Council to whom the administration of this 
Act is assigned. 1972, c. 1, s. 14 (1), part. 

3. Subject to the regulations, all original documents, <^^o<*y of 
parchments, manuscripts, papers, records and other matters documents 
in the executive and administrative departments of the 
Government or of the Assembly, or of any commission, 

office or branch of the public service shall be delivered to 
the Archives for safekeeping and custody within twenty 
years from the date on which such matters cease to be in 
current use. R.S.O. 1970, c. 28, s. 3; 1972, c. 1, s. 14 (2). 

4. The Archivist is authorized and directed to receive and^poj^si- 
grant discharges for all such matters as are transferred to the Archives 
Archives under this Act and the Archives is thereafter 
responsible for the safekeeping of the matters so transferred. 
R.S.O. 1970, c. 28, s. 4; 1972, c. 1, s. 14 (2). 

6. The objects of the Archives are, atcMvm^ 

(a) the classification, safekeeping, indexing and cata- 
loguing of all matters transferred to the Archives 
under section 3 ; 

{b) the discovery, collection and preservation of material 
having any bearing upon the history of Ontario ; 

(c) the copying and printing of important public docu- 
ments relating to the legislative or general history 
of Ontario ; 



158 Chap. 27 ARCHIVES Sec. 5 (d) 

(d) the collecting of all documents having in any sense a 
bearing upon the political or social history of Ontario 
and upon its agricultural, industrial, commercial or 
financial development; 

(e) the collecting of municipal, school and church records ; 

(/) the collection and preservation of pamphlets, maps, 
charts, manuscripts, papers, regimental muster rolls 
and other matters of general or local interest histori- 
cally in Ontario ; 

{g) the collection and preservation of information respect- 
ing the early settlers of Ontario, including pioneer 
experience, customs, mode of living, prices, wages, 
boundaries, areas cultivated, and home and social life ; 

{h) the collection and preservation of the correspondence 
of settlers, documents in private hands relating to 
public and social affairs and reports of local events 
of historic interest in domestic and pubUc life; 

{i) the conducting of research with a view to preserving 
the memory of pioneer settlers in Ontario and of their 
early exploits and the part taken by them in opening 
up and developing the Province. R.S.O. 1970, 
c. 28, s. 5; 1972, c. 1, s. 14(2). 

o/offlciaf*°° ®' Subject to the regulations, no official document, paper, 

documents pamphlet or report in the possession of any ministry or branch 

of the public service or of the Assembly shall be destroyed or 

permanently removed without the knowledge and concurrence 

,-, of the Archivist. R.S.O. 1970, c. 28, s. 6; 1972, c. 1 s. 2. 

Certified 7. A copy of any original document in the custody of the 

Archivist, certified under his hand and seal to be a true copy, is 
prima facie evidence of the authenticity and correctness of such 
document. R.S.O. 1970, c. 28, s. 7. 

Regruiations §^ fhe Lieutenant Governor in Council may make regula- 
tions, 

(a) respecting the administration of the Archives and 
• ^ the duties of the Archivist ; 

(h) prescribing the matters that shall be transferred to 
the Archives under this Act and extending or reducing 
the period that shall elapse before any such matters are 
transferred to the Archives ; 



Sec. 9 ARCHIVES Chap. 27 159 

(c) for the classification of archives and other matters in 
the Archives and the preparation of proper calendars, 
catalogues and indexes for the purpose of making 
such archives and other matters accessible for pur- 
poses of official, scientific and historical research; 

(d) directing the manner in which documents, papers, 
pamphlets or reports in the office of any member of 
the Executive Council or in any ministry or branch of 
the public service or the Assembly shall be disposed of 
from time to time and the class of documents, papers, 
pamphlets or reports that shall be deemed to be public 
archives. R.S.O. 1970, c. 28, s. 8; 1972, c. 1, 
ss. 2, 14(2). 

9. Nothing in this Act shall be taken or deemed to authorize ^l*'^^/ 
the destruction or other disposition of any official document, 
paper, map, plan, report, memorandum or other matter in 
contravention of any order of the Assembly or of any express 
provision in any general or special Act of the Legislature. 
R.S.O. 1970, c. 28, s. 9. 



Sec. 4 (1) ART GALLERY OF ONTARIO Chap. 28 161 

CHAPTER 28 
Art Gallery of Ontario Act 



1 In this Act Interpre- 

4. Ill iiiis ni,i, tation 

(a) "Board" means the board of trustees of the Gallery; 
(6) "Gallery" means the Art Gallery of Ontario; 

(c) "member of the executive committee" means a 
trustee of the Board elected to the executive com- 
mittee by the Board from among its members 
according to the by-laws of the Board. R.S.O. 
1970. c. 29, s. 1; 1978, c. 74, s. 1. 

2. — (1) The Art Gallery of Ontario is continued as a cor- ofon^rfo^ 
poration without share capital and, subject to the provisions continued 
of this Act, has and may hold, possess and enjoy all the property, 
rights, powers and privileges that it now has, holds, possesses 
or enjoys, and, subject to the provisions of this Act, all by-laws, 
rules and regulations of The Art Gallery of Toronto now in 
force shall continue in force until amended or repealed. 

(2) The Art Gallery of Ontario shall consist of the trustees Jf°°^*i''°"°° 
for the time being of the Board. R.S.O. 1970, c. 29, s. 2. poration 

3. The objects of the Gallery are, gSjS°^ 

(a) to cultivate and advance the cause of the visual arts 
in Ontario; 

(6) to conduct programs of education in the origin, 
development, appreciation and techniques of the 
visual arts; 

(c) to collect and exhibit works of art and displays and 
to maintain and operate a gallery and related facili- 
ties as required for this purpose ; and 

{d) to stimulate the interest of the public in matters 
undertaken by the Gallery. R.S.O. 1970, c. 29, s. 3. 

4. — (1) The affairs of the Gallery shall be managed andg?^^°f 
controlled by a board of trustees consisting of twenty-seven 
trustees as follows: 



162 



Chap. 28 



ART GALLERY OF ONTARIO 



Sec. 4 (1) (a) 



Term of 
office 



Idem 



Vacancies 



{a) five persons appointed by The College of Founders 
of the Art Gallery of Ontario; 

(b) ten persons elected by the membership of the Gallery ; 

(c) two persons appointed by the council of The Muni- 
cipality of Metropolitan Toronto, one of whom shall 
be a person who is both a member of the council of 
the City of Toronto and a member of the council of 
The Municipality of Metropolitan Toronto; and 

(d) ten other persons appointed by the Lieutenant 
Governor in Council. R.S.O. 1970, c. 29, s. 4 (1); 
1972, c. 72, s. 1; 1978, c. 74, s. 2 (1). 

(2) A trustee appointed under clause (1) (a) or (c) or elected 
under clause (1) (b) shall hold office for a term of one year or until 
his successor is appointed or elected, as the case may be, and, 
subject to subsection (3), a trustee appointed under clause (1) (d) 
shall hold office for a term of three years or until his successor is 
appointed. 1978, c. 74, s. 2 (2). 

(3) Of the trustees first appointed under clause (l) id) after the 
coming into force of this section, three shall hold office for a term 
of one year, three for a term of two years and four for a term of 
three years, and each trustee shall hold office until his successor is 
appointed. 1972, c. 72, s. 2 {!), part. 

(4) Where a vacancy occurs for any reason in the office 
of trustee, the vacancy may be filled, 

(a) in the case of a vacancy of a trustee appointed 
under clause (1) (a), by appointment by The College of 
Founders of the Ait Gallery of Ontario; 

(b) in the case of a vacancy of a trustee elected under 
clause (1) (b), by appointment by the remaining trustees 
elected by the membership of the Gallery; 

(c) in the case of a vacancy of a trustee appointed under 
clause (1) (c), by appointment by the council of The 
Municipality of Metropolitan Toronto; and 

id) in the case of a vacancy of a trustee appointed 
under clause (1) (d), by appointment by the Lieutenant 
Governor in Council, 



and a person so appointed shall hold office for the remainder of 
the term of his predecessor except that, in the case of a vacancy 



Sec. 5 (a) (iii) art gallery of Ontario Chap. 28 163 

referred^o in clause (1) ijb)r the person so appointed shall hold 
office until the next annual meeting of the membership of the 
Gallery. 1978, c. 74, s. 2 (3). 

(5) A trustee appointed or elected under subsection (1) is Eligibility 
eligible for reappointment or re-election, as the case may be, ekctfon or 
but no trustee appointed under clause (1) (d) is eligible for reap- reappoint- 
pointment on the expiration of his second consecutive term until at 

least one year has elapsed from the expiration of such 
term. 1972, c. 72, s. 2 (1), part. 

(6) Notwithstanding subsection (5), a trustee who is a Term of 
member of the executive committee may be reappointed on °^^'" 
the expiration of his second consecutive term. 1978, c. 74, 

s. 2 (4). 

(7) The trustees shall annually elect from among them- President, 
selves a president and one or more vice-presidents. presidents 

(8) The president shall preside at all meetings of the Board Pi^^siding 
and, in his absence, a vice-president shall preside, and, in the 
absence of the president and the vice-presidents, the members 
present at a meeting shall elect one of themselves to preside. 
R.S.O. 1970, c. 29, s. 4(4, 5). 

5. The Board may, bo^T°^ 

(a) make by-laws, rules and regulations, 

(i) for the administration of its affairs, including 
the fixing of a quorum of the Board, 

(ii) governing the use by the public of the facilities, 
property and equipment of the Gallery and 
requiring the payment of fees for the admis- 
sion of the public or any class thereof to such 
facilities and property, and prescribing the 
amounts of such fees, 

(iii) providing for membership in the Gallery and 
prescribing the qualifications and terms of 
membership and the fees to be paid therefor, 
and providing for and regulating meetings 
of members including the conduct of a mail 
ballot to decide any issue in respect of 
which the members are entitled to vote, 
subject to the requirement that the members 
be mailed information concerning the issue at 
least thirty days in advance of the final date 
for the return of mail ballots, and 



164 Chap. 28 ART GALLERY OF ONTARIO ScC. 5 (a) (iv) 

(iv) governing the election of trustees to the Board 
by the membership of the Gallery under clause 
4 (1) (b); 

(b) appoint a Director of the Gallery; 

(c) appoint, promote, transfer or remove such officers, 
clerks and servants as it considers necessary from 
time to time for the proper conduct of the affairs of 
the Gallery and may delegate all or a part of the 
authority for so doing to the Director; 

(d) fix the number, duties, salaries, qualifications and 
tenure of office or employment and other emoluments 
of officers and members of the staff of the Gallery; 

(e) delegate to the Director the authority to fix the 
number, duties, salaries, qualifications and tenure of 
office or employment and other emoluments of 
the staff of the Gallery; 

(f) provide for the retirement and superannuation of 
persons mentioned in clauses (6) and (c); 

(g) appoint by resolution a trustee or trustees of the 
Board, or any other person or persons, to execute on 
behalf of the Board any documents and other instru- 
ments in writing and to affix the corporate seal of the 
Gallery thereto; 

(h) appoint committees from the trustees of the Board 
and such other committees as are considered desirable, 
and confer upon any such committees authority to act 
for the Board with respect to any matter or classes 
of matters; 

(i) enter into agreements with any association or organ- 
ization to promote the objects of the Gallery; 

ij) enter into agreements with one or more universities, 
colleges or schools in areas consistent with the objects 
of the Gallery; and 

{k ) generally conduct and manage the business and affairs 
of the Gallery. R.S.O. 1970, c. 29, s. S; 1972, c. 72, 
s. 3; 1978, c. 74, s. 3. 



vear 



Fiscal 6 . The fiscal year of the Gallery shall extend from the 1 st day of 

April of any year to the 31st day of March of the year next 
following. 1972, c. 72, s. 4, revised. 



Sec. 13 ART GALLERY OF ONTARIO Chap. 28 165 

7. All trusts, gifts, devises and bequests that have hereto- b^u^tg 
fore been or shall hereafter be made to or in favour of or e'^c. 
intended for The Art Gallery of Toronto shall be held and 
enjoyed by the Art Gallery of Ontario. R.S.O. 1970, c. 29, s. 7. 



8. The Gallery has, in addition to the powers, rights and PropertN 

R.S.O. 
c. 219 



privileges mentioned in section 26 of the Interpretation Act,^^^ ^^^' 
power to purchase or otherwise acquire, take or receive by gift, 
bequest or devise and to hold and enjoy any estate or property 
whatsoever, whether real or {personal, and to sell, grant, con- 
vey, mortgage, lease or otherwise dispose of the estate or 
property or any part thereof from time to time and as 
occasion may require, and to acquire other estate or property 
in addition thereto or in place thereof without licence in 
mortmain and without limitation as to the period of holding. 
R.S.O. 1970, c. 29, s. 8. 



9. In the event of a conflict between any provision of this Conflict 

"S.C 
95 



Act and any provision of the Corporations Act, the provision flf '^*°' 
of this Act prevails. 1972, c. 72, s. 5. 

10. The real and personal property vested in the Gallery J^^^ ^.^^ 
and any lands and premises leased to and occupied by the 
Gallery are not liable to taxation for municipal or school 
purposes so long as they are actually used and occupied for 

the purposes of the Gallery. 1972, c. 72, s. 6. 

1 1 . Real property vested in the Galler\' is not liable to be ^[^^l^^ 
entered upon, used or taken by any corporation, except a not liable 

* -' -' * *^ to be expro- 

municipal corporation, or by any person possessing the right pnated 
of taking real property compulsorily for any purpose, and no 
power to expropriate real property conferred after the 8th 
day of July, 1966, shall extend to such property unless in the 
Act conferring the power it is made in express terms to 
apply thereto. R.S.O. 1970, c. 29, s. 10. 

12. The property and the income, revenues, issues and a^p^iJ^^o° 
profits of all property of the Gallery shall be applied solely to 
achieving the objects of the Gallery. R.S.O. 1970, c. 29, s. 11. 

13. The Board may borrow money upon the credit of the ^^^°^ 
Gallery, and may issue bonds, debentures or other securities of 
the Gallery, and may pledge or sell them for such sums or at 
such prices as may be considered expedient or necessary, and 
may hypothecate, mortgage or pledge all or any of the real or 
personal property, rights or powers of the Gallery to secure any 
bonds, debentures or other securities and any indebtedness 
of or money borrowed for the purposes of the Gallery. R.S.O. 
1970, c. 29, s. 12. 



166 



Chap. 28 



ART GALLERY OF ONTARIO 



Sec. 14 



Investment 
of funds 



Auditors 
R.S.O. 1980, 
c. 405 



14. The funds of the Gallery not immediately required for 
its purposes and the proceeds of all property that come to 
the Gallery, subject to any trust or trusts affecting them, 
may be invested and reinvested in such investments as the 
Board considers proper. R.S.O. 1970, c. 29, s. 13. 

15. The Board shall appoint one or more auditors licensed 
under the Public Accountancy Act to audit the accounts and 
transactions of the Gallery at least once a year. 1972, c. 72, s. 7. 



Annual 
report, etc. 



Tabling 



Trust 
property 



Conveyance 
of lands to 
Toronto 
authorized 



16. — (1) The Board shall submit to the Minister of Culture 
and Recreation an annual report and such other reports 
as he may request from time to time. 

(2) The Minister of Culture and Recreation shall submit 
the annual report to the Lieutenant Governor in Council and 
shall then lay such report before the Assembly if it is in 
session or, if not, at the next ensuing session. 1972, c. 72, 
s. 8; O. Reg. 53/76. 

17. Nothing in this Act authorizes the Board to alienate, 
hypothecate, mortgage or pledge any real or personal property 
given, devised or bequeathed to it with a condition annexed 
to such gift that the property shall not be alienated, hypo- 
thecated, mortgaged or pledged. R.S.O. 1970, c. 29, s. 16. 

18. Notwithstanding section 17 and the condition attached 
to a deed dated the 17th day of February, 1911, registered in 
the Registry Office for the Registry Division of Toronto as 
No. 23798S between Goldwin Larratt Smith, of the City of 
Toronto, Solicitor, surviving Executor and Trustee of the Last 
Will"^nd Testament of Harriette Elizabeth Mann Smith, 
deceased, and James Frederick Smith and the said Goldwin 
Larratt Smith, of the same place. Solicitors, Executors and 
Trustees of the Last Will and Testament of Goldwin Smith, 
deceased, and the Art Museum of Toronto, the Gallery may 
convey, release, quit claim or otherwise dispose of to The 
Corporation of the City of Toronto the lands set forth in the 
Schedule. 1972, c. 72, s. 9. 



'iM- 



Sched. ART GALLERY OF ONTARIO Chap. 28 167 

SCHEDULE 

All and Singular that certain parcel or tract of land and premises 
situate, lying and being in the City of Toronto, in The Municipality of Metro- 
politan Toronto (formerly in the County of York) and Province of Ontario 
being composed of : 

Firstly: Part of Park Lot 13 in the First Concession from the Bay, in 
the original Township of York but now in the said City of Toronto, the 
said parcel of land being designated as Part 7 on a plan of survey deposited 
in the Registry Office for the Registry Division of Toronto as 63R-357. 

Secondly: Part of Park Lots 13 and 14 in the First Concession from the 
Bay, in the original Township of York but now in the said City of Toronto, 
the said parcels of land being designated as Parts 13 and 14 on said plan 
of survey deposited in the Registry Office for the Registry Division of 
Toronto as 63R-357. 

1972, c. 72, Sched. 



Sec. 1 (/) ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 169 

CHAPTER 29 
Artificial Insemination of Live Stock Act 



1. In this Act, interpre- 

tation 

(a) "artificial insemination" means the depositing of 
semen in the genital tract of a domestic female 
live stock animal by a means other than the natural 
method ; 

(6) "Board" means the Agricultural Licensing and 
Registration Review Board under the Ministry 
of Agriculture and Food Act, ** 270 ^^^°' 

(f) "Commissioner" means the Live Stock Com- 
missioner; 

{d) "Committee" means The Artificial Insemination 
of Live Stock Advisor>- Committee; 

{e) "inseminating business" means a business in which 
one or more inseminators are engaged in artificial 
insemination; 

(/) "inseminator" means a person who engages in the pro- 
cess of artificial insemination; 

(g) "licence" means a licence under this Act; 

{h) "live stock" means cattle, goats, horses, sheep or 
swine; 

(i) "Minister" means the Minister of Agriculture and 
Food; 

(j) "regulations" means the regulations made under this 
Act; 

{k) "semen-producing business" means a business that 
maintains one or more live stock animals from 
which it offers semen for sale for the purpose of 
artificial insemination; 

(/) "semen processing supervisor" means a person 
who is responsible for the supervision of the 



170 



Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK Sec. 1 (/) 



collection, processing or identification of semen 
for the purpose of artificial insemination. R.S.O. 
1970, c. 30, s. 1; 1971, c. 50, s. 9 (1); 1973, c. 119, 
s. 2; 1978, c. 100, s. 4 (1). 



2. The Commissioner is responsible to the Minister for 

R.S.O. 



Commis- 

tobein the administration and enforcement of this Act. 

charge ^^jq ^ ^q ^ 2. 



nFentot *^* — (^) ^^^ Lieutenant Governor in Council may appoint 

Committee a Committee consisting of not fewer than three persons to 

be known as The Artificial Insemination of Live Stock 

Advisory Committee. 1973, c. 119, s. 3. 

confmittee^ (2) The Committee shall act in an advisory capacity to the 
Minister and the Commissioner. 



Chairman (3) Xhc Lieutenant Governor in Council may designate 

chairman one of the members as chairman and one member as vice- 
chairman. 

Allowances (4) The members of the Committee shall receive such 

to members ^ ' 

allowances and expenses as the Lieutenant Governor in 
Council determines. R.S.O. 1970, c. 30, s. 3. (2-4). 

Inspectors 4.^ f^g Lieutenant Governor- in Council may appoint in- 

spectors to carry out and enforce this Act and the regu- 
lations. R.S.O. 1970, c. 30, s. 4. 



Certificate 
of appoint- 
ment 



5. — (1) The production by the Commissioner or by an 
inspector of a certificate of his appointment purporting to be 
signed by the Minister is admissible in evidence as prima 
facie proof of his appointment without further proof of the 
signature or authority of the Minister. 



Obstruction (2) No persou shall hinder or obstruct the Commissioner 

ofCommis- ^ ' . ^ ., ..... r-ii.- 

sioneror or an inspector in the course of his duties, or lurnisn nim 
with false information, or refuse to furnish him with infor- 
mation. R.S.O. 1970, c. 30, s. 5. 



inspector 



Licensing Q^ — (J) No person shall commence or continue to engage 

in an inseminating business or a semen-producing business 
without a licence therefor from the Commissioner. 



Only a (2) No pcrsou. Other than a corporation without share 

corporation .,,,,,{, ,. • ■ ■^• 

without capital, shall hold a licence to engage in an inseminating 

tohoid^^ ^ business but nothing in this subsection affects a person 

licence ^^^ j^^j^^ ^^^j^ ^ licence prior to the 1st day of January, 1974. 



Sec. 9 (1) ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 171 

(3) Semen-producing businesses are classified as follows: ciassifica- 

businesses 

1. Class "A" semen-producing businesses consisting of 
semen-producing businesses that are corporations 
without share capital. 

2. Class "B" semen-producing businesses consisting of 
semen-producing businesses that are not corpora- 
tions without share capital. 

(4) All semen from every semen-producing business shall collection 
be collected, identified and processed only under the super- 
vision of semen processing supervisors who are in the 
employ and under the direction of a Class "A" semen- 
producing business. 

(5) Every Class "A" semen-producing business shall on of^ge^ces 
request provide services to any Class "B" semen-producing 
business on such terms and conditions as are reasonable 
having regard to all of the circumstances, unless the 

Class "B" semen-producing business is in default in respect 
of any account for the services of semen processing super- 
visors. 1973, c. 119, s. 4. 

7. No person shall commence or continue to act as an '-''''•"•^'"R 
inseminator or semen processing supervisor without a licence 
therefor from the Commissioner. 1973, c. 119, s. 5. 

8. A licence may be issued to engage in an inseminating Jg^g^trtcMcms 
business or to act as an inseminator throughout Ontario or 

in such part thereof as is determined by the Commissioner 
and specified in the licence. R.S.O. 1970, c. 30, s. 8. 

9. — (1) The Commissioner shall issue a licence to a Licence, 
person who makes application therefor in accordance with 
this Act and the regulations and pays the prescribed fee 
unless, after a hearing, he is of opinion that, 

(a) the applicant or, where the applicant is a corpora- 
tion, its officers or directors, is or are not com- 
petent to carry on the operations that would be 
authorized by the licence; 

{b) the past conduct of the applicant or, where the 
applicant is a corporation, of its officers or directors, 
affords reasonable grounds for belief that the 
operations that would be authorized by the licence 
will not be carried on in accordance with law; 



172 



Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK Sec. 9 (1) 



(f) the applicant does not possess or will not have 
available all premises, facilities and equipment 
necessary to carry on the operations that would be 
authorized by the licence in accordance with this 
Act and the regulations; or 

{d) the applicant is not in a position to observe or 
carry out the provisions of this Act and the regu- 
lations. 



Renewal (2) Subject to section 10, the Commissioner shall renew a 

licence on application therefor by the licensee in accordance 
with this Act and the regulations and payment of the pre- 
scribed fee. 1971, c. 50, s. 9 (2), part. 

renew*^^° 10. — (1) The Commissioner may refuse to renew or may 

suspension suspend or cancel a licence if, after a hearing, he is of 

or cancel- .. . o> . 

lation opinion that, 

{a) the premises, facilities and equipment used in the 
operations authorized by the licence do not comply 
with this Act and the regulations; 

{b) the licensee or, where the licensee is a corporation, 
any officer, director or servant thereof has contra- 
vened or has permitted any person under his control 
or direction in connection with the operations 
authorized by the licence to contravene any pro- 
vision of this Act or the regulations or of any other 
Act or the regulations thereunder or of any law 
applying to the operations authorized by the licence 
and such contravention warrants such refusal to 
renew, suspension or cancellation of the licence; or 

(c) any other ground for refusal to renew, suspension 
or cancellation specified in the regulations exists. 

Provisional (2) Notwithstanding subsection (1), the Commissioner, by 

susponsion, ^ . -1*1 1 * * * n 

etc. notice to a licensee and without a hearing, may provisionally 

refuse to renew or suspend the licensee's licence where in the 
Commissioner's opinion it is necessary to do so for the im- 
mediate protection of the safety or health of any animal 
and the Commissioner so states in such notice giving his 
reasons therefor, and thereafter the Commissioner shall hold 
a hearing to determine whether renewal of the licence should 
be refused or whether the licence should be further suspended 
or cancelled under this Act and the regulations. 

Continuation . , r^ , • , . /^, , • i • i 

ofiicence (3) Subject to subsection (2), where, within the time pre- 

renewa^ scribed or, if no time is prescribed, before expiry of his 



Sec. 13 ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 173 

licence, a licensee has applied for a renewal of his licence 
and has paid the prescribed fee and observed or carried out 
the provisions of this Act and the regulations, his existing 
licence shall be deemed to continue until he has received the 
decision of the Commissioner on his application for renewal. 
1971, c. 50, s. 9 (2), part. 

11^ — (1) The notice of a hearing by the Commissioner Notice of 
under section 9 or 10 shall afford to the applicant or licensee 
a reasonable opportunity to show or to achieve compliance 
before the hearing with all lawful requirements for the issue 
or retention of the licence. 

(2) An applicant or licensee who is a party to proceedings ^docu°*"°° 
in which the Commissioner holds a hearing shall be afforded mentary 

Gvidcnc© 

an opportunity to examine before the hearing any written or 
documentary evidence that will be produced or any report 
the contents of which will be given in evidence at the hearing. 
1971.C. 50, s. 9 {2), part. 



12. Where the Commissioner has refused to issue or renew variation of 
or has suspended or cancelled a licence pursuant to a hearing, commls- ^ 
he may, at any time of his own motion or on the application of ^'°°®'" 
the person who was the applicant or licensee, vary or rescind 
his decision, but the Commissioner shall not vary or rescind 
his decision adversely to the interests of any person without 
holding a rehearing to which such person is a party and may 
make^uch decision pursuant to such rehearing as he considers 
proper under this Act and the regulations. 1971, c. 50, s. 9 (2), 
part. 

18. — (1) Where the Commissioner refuses to issue or renew Appeal to 

Board 

or suspends or cancels a licence, the applicant or licensee 
may by written notice delivered to the Commissioner and 
filed with the Board within fifteen days after receipt of the 
decision of the Commissioner appeal to the Board. 

(2) The Board may extend the time for the giving of notice J^t*f °J°° 
by an applicant or licensee under subsection (1) either before for appeal 
or after expiration of such time where it is satisfied that there 

are prima facie grounds for appeal and that there are reason- 
able grounds for applying for the extension. 

(3) Where an applicant or licensee appeals to the Board ^isp^i^ 
under this section, the Board shall hear the appeal by way of 

a hearing de novo to determine whether the licence should be 
issued, renewed, suspended or cancelled and may, after the 
hearing, confirm or alter the decision of the Commissioner or 



174 



Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK Scc. 13 



direct the Commissioner to do any act he is authorized to do 
under this Act and as the Board considers proper and, for 
such purpose, the Board may substitute its opinion for that 
of the Commissioner. 



Effect of 
decision 
pending 
disposal 
of appeal 



(4) Notwithstanding that an apphcant or licensee has 
appealed under this section from a decision of the Commis- 
sioner, unless the Commissioner otherwise directs, the decision 
of the Commissioner is effective until the appeal is disposed 
of. 1971, c. 50, s. 9 (2), part. 



Parties 14, — (i) The Commissioner, the appellant and such other 

persons as the Board may specify are parties to the proceedings 
before the Board under this Act. 



Members 
making 
decision not 
to have 
taken part 
in investi- 
gation, etc. 



(2) Members of the Board assigned to render a decision 
after a hearing shall not have taken part prior to the hearing 
in any investigation or consideration of the subject-matter 
of the hearing and shall not communicate directly or indirectly 
in relation to the subject-matter of the hearing with any 
person or with any party or his representative except upon 
notice to and opportunity for all parties to participate, but 
such members may seek legal advice from an adviser inde- 
pendent from the parties and in such case the nature of the 
advice should be made known to the parties in order that 
they may make submissions as to the law. 



^tevidence (^) ^^^ ^^^^ evidence taken before the Board at a hearing 
shall be recorded and, if so required, copies or a transcript 
thereof shall be furnished upon the same terms as in the 
Supreme Court. 



Findings 
of fact 



(4) The findings of fact of the Board pursuant to a hearing 
shall be based exclusively on evidence admissible or matters 
R.s.o. 1980, that may be noticed under sections 15 and 16 of the Statutory 
Powers Procedure Act. 



484 



Only 
members 
at hearing 
to participate 
in decision 



(5) No member of the Board shall participate in a decision 
of the Board pursuant to a hearing unless he was present 
throughout the hearing and heard the evidence and argument 
of the parties and, except with the consent of the parties, no 
decision of the Board shall be given unless all members so 
present participate in the decision. 1971, c. 50, s. 9 (2), part. 



Appeal to 
court 



15. — (1) Any party to the hearing before the Board may 
appeal from the decision of the Board to the Divisional Court in 
accordance with the rules of court. 



entftled^to ^^^ ^^^ Minister is entitled to be heard, by counsel or other- 

be heard wise, upon the argument of an appeal under this section. 



Sec. 17 ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 175 

(3) The chairman of the Board shall file with the Registrar of ^1%^ ^° 
the Supreme Court the record of the proceedings before the Board i° court 
which, together with a transcript of the evidence before the 
Board, if it is not part of the Board's record, shall constitute the 
record in the appeal. 

(4) An appeal under this section may be made on any^°^J^®™°f 
question that Ts not a question of fact alone and the court appeal 
may confirm or alter the decision of the Board or direct the 
Commissioner to do any act he is authorized to do under this 

Act or may refer the matter back to the Board for reconsidera- 
tion by the Board as the court considers proper, and the court 
may substitute its opinion for that of the Commissioner or the 
Board. 



(5) Notwithstanding that an applicant or licensee has f^^gjo^^of 
appealed under this section from a decision of the Board, Board 
unless the Board otherwise directs, the decision of the Board disposal 
is effective until the appeal is disposed of. 1971, c. 50, s. 9 (2), ° *^^* 
part. 

16. — (1) No person shall sell or offer for sale any semen semen to 
produced in Ontario from any male live stock animal from licensed 
unless the semen has been collected, identified and processed ^™ "^^^ 
by a person licensed to engage in a semen-producing business 
under section 6. 

(2) No f)erson shall sell or offer for sale semen produced f^^^^ 
outside Ontario from any male live stock animal other than 
a person licensed to engage in an inseminating business under 
section 6. 1973, c. 119, s. 7. 

1 7. The Lieutenant Governor in Council may make regula- Regulations 
tions, 

(a) prescribing the duties of the Committee ; 

{b) providing for the issue, renewal, cancellation, suspen- 
sion or revocation of or refusal to issue or renew 
licences, and prescribing the fees payable for licences 
or the renewal thereof; 

(c) prescribing grounds for the refusal to renew, sus- 
pension or cancellation of licences in addition to 
those grounds referred to in clauses 10 (1) (a) and (b); 

id) prescribing forms and providing for their use; 



176 Chap. 29 ARTIFICIAL INSEMINATION OF LIVE STOCK See. 17 

(e) prescribing requirements and minimum standards for 
any semen-producing business or any inseminating 
business; 

(/) requiring every semen-producing business to conduct 
such programs for the proving of the breeding value 
of any male live stock animals as the Commissioner 
may approve, and prohibiting use of semen from 
male live stock animals that have not taken part in 
any such program that is required or that have taken 
part in such a program but have not met the stan- 
dards approved by the Commissioner for the pro- 
gram; 

(g) prescribing the terms and conditions under which 
semen may be obtained from any semen-producing 
business; 

(h) prescribing the places at which and the conditions 
under which semen may be frozen and stored; 

(i) prescribing the qualification and duties of insemi- 
nators and semen processing supervisors; 

ij) prescribing the powers and duties of the Commis- 
sioner and inspectors; 

(k) providing for grants to semen-producing businesses 
and inseminating businesses and prescribing the 
terms and conditions upon which such grants may be 
paid; 

(/) requiring the keeping of prescribed books and records 
and the furnishing of prescribed information by the 
operators of semen-producing businesses and 
inseminating businesses and by inseminators; 

(w) providing for the blood-typing of male live stock 
animals maintained by a semen-producing business 
and of male live stock animals from which semen is 
obtained by a semen-producing business; 

(n) providing for the verification of parentage of male 
live stock animals by blood-typing; 

(o) prescribing health standards of male live stock ani- 
mals maintained by a semen-producing business and 
male live stock animals from which semen is obtained 
by a semen-producing business; 



Sec. 18 ARTIFICIAL INSEMINATION OF LIVE STOCK Chap. 29 177 

ip) governing the advertising of semen and the furnishing 
of information to the pubUc by any person Ucensed 
under this Act; 

iq) exempting any person or class of persons from any or 
all of the provisions of this Act or the regulations; 

(r) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 
R.S.O. 1970, c. 30, s. 11; 1973, c. 119, s. 8. 

18. Every person who contravenes any of the provisions of Offences 
this Act or the regulations is guilty of an offence and on con- 
viction is liable to a fine of not less than $50 and not more 
than $200 for a first offence, and to a fine of not less than 
$200 and not more than $500 for a subsequent offence. 
R.S.O. 1970, c. 30, s. 12. 



I 



Sec. 6 (a) arts council Chap. 30 179 



CHAPTER 30 
Arts Council Act 



1. In this Act, Interpre- 

' tation 

(a) "arts" means the arts of the theatre, hterature, music, 
painting, sculpture, architecture or the graphic arts, 
and includes any other similar creative or interpreta- 
tive activity; 

{b) "Council" means the Province of Ontario Council 
for the Arts; 

(c) "Minister" means the Minister of Culture and 
Recreation. R.S.O. 1970, c. 31, s. 1; O. Reg. 53/76. 

2. The corporation known as the "Province of Ontario <^°'i°cii 
Council for the Arts", consisting of a chairman, a vice-chair- 
man and ten other members, is continued. R.S.O: 1970, c. 31, 

s. 2. 

3. The Lieutenant Governor in Council shall appoint the^PP®*"*^ 
chairman, the vice-chairman and the other members of the 
Council, each of whom shall hold office for a term of three 
years, except that, of those first appointed, four shall be 
appointed for a term of one year, four for two years, and four 

for three years. R.S.O. 1970, c. 31, s. 3. 

4. The chairman, the vice-chairman and the other mem- Allowances 

, . and expenses 

bers of the Council may be paid reasonable travelling and 
hving expenses incurred by them while away from their ordinary 
places of residence on the business of the Council. R.S.O. 1970, 
c. 31, s. 4. 

5. A majority of the members of the Council constitutes a Quorum 
quorum whether or not a vacancy exists in the membership of 

the Council. R.S.O. 1970, c. 31, s. 5. 

6. It is the function of the Council and it has power too^^ects 
promote the study and enjoyment of and the production of powers 
works in the arts, and to such end may, 

(a) assist, co-operate with and enlist the aid of organ- 
izations whose objects are similar to the objects of 
the Council; 



180 



Chap. 30 



ARTS COUNCIL 



Sec. 6 ib) 



(b) provide through appropriate organizations or other- 
wise for grants, scholarships or loans to persons in 
Ontario for study or research in the arts in Ontario 
or elsewhere or to persons in other provinces or terri- 
tories of Canada or any other countries for study or 
research in the arts in Ontario; 

(c) make awards to persons in Ontario for outstanding 
accomplishments in the arts. R.S.O. 1970, c. 31, s. 6. 

7. The Council may make by-laws regulating its proceed- 
ings and generally for the conduct and management of its 
activities. R.S.O. 1970, c. 31, s. 7. 

8. The Council shall meet at least four times a year in the 
City of Toronto on such days as are fixed by the Council, and 
at such other times and places as the Council considers 
advisable. R.S.O. 1970. c. 31, s. 8. 

9. — (1) The moneys for the purposes of the Council shall 
be paid out of the moneys appropriated therefor by the 
Legislature. 

(2) The Council may acquire money, securities or other 
property, real or personal, by gift, devise, bequest or other- 
wise, and may expend, administer or dispose of any such money, 
securities or other property in the promotion of its objects, 
subject to the terms, if any, upon which such money, securities 
or other property were given, devised, bequeathed or other- 
wise made payable to the Council. R.S.O. 1970, c. 31, s. 9. 

commiuee*^ ^^* — (^) The Lieutenant Govemor in Couucil may establish 

an investment committee composed of the chairman of the 
Council, a member of the Council designated by the Council 
and a person appointed by the Lieutenant Governor in Council. 



By-laws 



Meetings 



Funds 



Idem 



Duties 



Audit 



Annual 
report 



(2) The investment committee shall aid and advise the 
Council with respect to the investment of any of its moneys 
that remain in its hands from time to time. R.S.O. 1970, 
c. 31, s. 10. 

1 1 . The accounts and financial transactions of the Council 
shall be audited annually by the Provincial Auditor, and a 
report of the audit shall be made to the Council and to the 
Minister. R.S.O. 1970, c. 31, s. 11. 

12. The chairman of the Council shall annually file with 
the Minister a report upon the affairs of the Council, and the 
Minister shall submit the report to the Lieutenant Governor in 
Council and shall then lay the report before the Assembly if 
it is in session or, if not, at the next ensuing session. R.S.O. 
1970, c. 31, s. 12. 



Sec. 1 ik) (i) ASSESSMENT Chap. 31 181 

CHAPTER 31 
Assessment Act 



1. In this Act, interpre- 

tation 

{a) "assessment commissioner" means an assessment 
commissioner for a region as established by the 
regulations made under this Act ; 

ib) "Assessment Review Court" and "Assessment Review 
Court established under this Act" mean the Assess- 
ment Review Court under the Assessment Review Court R so. i980, 
Act; 

(c) "assessor" means the assessment commissioner and 
anyone acting under his authority; 

(d) "collector's roll" means a roll prepared in accordance 

with the Municipal Act: R s o. iqso, 

c. 302 

(e)" "corporation assessment" means the assessment of 
land liable to taxation, of which a corporation is the 
owner or tenant, and business assessment of a corpora- 
tion, but does not include the assessment of land that 
is assessed to a person other than a corporation as 
a tenant ; 

(/) "county" includes a district; 

(g) "countv council" includes a provisional county coun- 
cil; 

{h ) "county court" includes a district court; 

(i) "county judge" includes a district judge; 

{j) "insurance company" means any company or frater- 
nal society or other corporation transacting within 
Ontario any class of insurance to which the Insurance ^ f,? ^^^°' 
Act applies or is made to apply by any general or 
special Act of the Legislature ; 

(k) "land", "real property" and "real estate" include, 

(i) land covered with water. 



c. 249 



182 Chap. 31 ASSESSMENT Sec. 1 (k) (ii) 

(ii) all trees and underwood growing upon land, 

(iii) all mines, minerals, gas, oil, salt quarries and 
fossils in and under land, 

(iv) all buildings, or any part of any building, and 
all structures, machinery and fixtures erected 
or placed upon, in, over, under or affixed to 
land, 

(v) all structures and fixtures erected or placed 
upon, in, over, under or affixed to a highway, 
lane or other public communication or water, 
but not the rolling stock of a transportation 
system ; 

(/) "loan company" means a loan corporation within 
^^'R' ^^*°' ^^^ meaning of the Loan and Trust Corporations 

Act; 

(m) "locality" means a public school section, a separate 
school zone or a secondary school district that com- 
prises or includes territory without municipal organ- 
ization and includes the board of any of them ; 

(«) "Minister" means the Minister of Revenue; 

(o) "Ministry" means the Ministry of Revenue; 

ip) "municipality" means a city, town, village or township, 
and includes a locality for the purpose of making any 
assessment required for the levying in a locality of a tax 
for school purposes; 

iq) "person" includes a corporation, partnership, bridge 
authority, agent or trustee, and the heirs, executors, 
administrators or other legal representatives of a 
person to whom the context can apply according to 
law; 

(r) "telephone company" includes a person or associa- 
tion of persons owning, controlling or operating a 
telephone system or line, but not a municipal 
corporation ; 

(s) "tenant" includes an occupant and the person in 
possession other than the owner; 

(t) "trust company" means a trust company within the 
meaning of the Loan and Trust Corporations Act. 
R.S.O. 1970, c. 32, s. 1; 1971, c. 79, s. 1; 1972, c. 1, 
s. 89; 1972, c. 125, s. 1 ; 1972, c. 161, s. 1 ; 1974, c. 41, 
s. 1; 1980, c. 69, s. 1. 



Sec. 3ll3(fl) ASSESSMENT Chap. 31 183 

2. — (1) The Minister may make regulations, Regulations 

{a) estabhshing assessment areas and assessment regions 
for assessment purposes ; 

(6) prescribing forms for the purposes of this Act ; 

(c) prescribing standards and procedures to be used for 
the purpose of equalizing assessments under this 
Act; 

{d) prescribing the information and returns to be fur- 
nished by an assessment commissioner to any county 
or to any metropohtan or regional municipality. 

(2) The Minister may appoint assessment commissioners Assessment 
for assessment regions and in the absence for any reason of sioner and 
any assessment commissioner, the Minister may appoint an assessment 
acting assessment commissioner who, while so acting, has sioner^^ 
all the powers and duties of an assessment commissioner. 

(3) The appointment of an assessment commissioner shall anointment 
be effective for the purposes of this Act upon the publication 

of a notice of his appointment in The Ontario Gazette. 

(4) An assessment commissioner appointed under subsec- Deemed 

. ^^ assessor 

tion (2) shall be deemed for the purposes of this and everv' 
other Act to be the assessor and assessment commissioner 
of and for every municipality and locality in the assessment 
region for which he is appointed. R.S.O. 1970, c. 32, s. 2. 

3. All real property in Ontario is liable to assessment and Property 

, ■ , r , ■ ■ t ■ assessable 

taxation, subiect to the following exemptions from taxation : and taxable, 

^ or exemptions 

1 . Lands or property belonging to Canada or any Prov- c^n^^etc 
ince. 

2. Property held in trust for a band or body of Indians. J°^° 

3. Every place of worship and land used in connection Churches, 
therewith and every churchyard, cemetery or bury- 
ing ground. 

(a) Where land is acquired for the purpose of a 
cemetery or burying ground but is not im- 
mediately required for such purpose, it is not 
entitled to exemption from taxation under this 
paragraph until it has been enclosed and 
actually and bona fide required, used and 
occupied for the interment of the dead. 



184 



Chap. 31 



ASSESSMENT 



Sec. 3113 (6) 



Public 

educational 

institutions 



Philan- 
thropic or 
religious 
seminaries 



Educational 
seminaries 



(b) The exemption from taxation under this para- 
graph does not apply to lands rented or leased 
to a church or religious organization by any 
person other than another church or religious 
organization. 

4. The buildings and grounds of and attached to or 
otherwise bona fide used in connection with and for 
the purposes of a university, high school, public or 
separate school, whether vested in a trustee or other- 
wise, so long as such buildings and grounds are 
actually used and occupied by such institution, but 
not if otherwise occupied. 

(a) The exemption from taxation under this para- 
graph does not apply to lands rented or leased 
to an educational institution mentioned in 
this paragraph by any person other than 
another such institution or a person already 
exempt from taxation in respect of the prop- 
erty rented or leased. 

5. The buildings and grounds of and attached to or 
otherwise bona fide used in connection with and for 
the purposes of a seminary of learning maintained 
for philanthropic or religious purposes, the whole 
profits from which are devoted or applied to such 
purposes, but such grounds and buildings are exempt 
only while actually used and occupied by such 
seminary. 

6. The buildings and grounds not exceeding in the 
whole fifty acres of and attached to or otherwise 
bona fide used in connection with and for the pur- 
poses of a seminary of learning maintained for 
educational purposes, the whole profits from which are 
devoted or applied to such purposes, but such grounds 
and buildings are exempt only while actually used 
and occupied by such seminary, and such exemption 
does not extend to include any part of the lands 
of such a seminary that are used for farming or 
agricultural pursuits and are worked on shares with 
any other person, or if the annual or other crops, 
or any part thereof, from such lands are sold. 

[a) The exemption from taxation under this para- 
graph does not apply to lands rented or leased 
to a seminary of learning mentioned in this 
paragraph by any person other than another 
such seminary of learning or a person already 
exempt from taxation in respect of the prop- 
erty rented or leased. 



Sec. 3lll2 ASSESSMENT Chap. 31 185 

7. Every public hospital receiving aid under the P"biic 
Public Hospitals Act with the land attached thereto, ^^^^^ j^g^ 
but not land of a public hospital when occupied c. 410 

by any person as tenant or lessee. 

(a) Land owned and used by such a public hospital 
for farming purposes shall be deemed attached 

^ — — to the hospital within the meaning of this 

paragraph, notwithstanding that it is separ- 
ated therefrom by a highway. 

8. Every highway, lane or other public communication g^^**^®' 
and every public square, but not when occupied by 

a tenant or lessee other than a public commission. 

9. Subject to section 26, the property belonging to any ?J^°°^^^^i 
county or municipality or vested in or controlled by 

any public commission or local board as defined by 
the Municipal Affairs Act, wherever situate and*^^*^^^^- 
whether occupied for the purposes thereof or unoc- 
cupied but not when occupied by a tenant or lessee 
who is liable to taxation, except property of a 
harbour commission used for the parking of vehicles 
for which a fee is charged. 

10. Property owned, occupied and used solely and only ^oy s«)ut8 
by The Boy Scouts Association or The Canadian Guides 
Girl Guides Association or by any provincial or local 
association or other local group in Ontario that is 

a member of either Association or is otherwise 
chartered or officially recognized by it. 

11. Every industrial farm, house of industry, house of J°^^^^^^ 
refuge, institution for the reformation of offenders 

or for the care of children, boys' and girls' home, 
or other similar institution conducted on philan- 
thropic principles and not for the purpose of profit 
or gain, but only when the land is owned by the 
institution and occupied and used for the purposes 
of the institution. 

12. Land of an incorporated charitable institution organ- f^^^JJ^ 
ized for the relief of the poor, The Canadian Red 

Cross Society, St. John Ambulance Association, or 
any similar incorporated institution conducted on 
philanthropic principles and not for the purpose of 
profit or gain, that is supported, in part at least, 
by public funds, but only when the land is owned 
by the institution and occupied and used for the 
purposes of the institution. 



186 



Chap. 31 



ASSESSMENT 



Sec. 31113 



Children's 
aid societies 
R.S.O. 1980, 
c. 66 



13. The property of a children's aid society discharging 
the functions of a children's aid spciety under the 
Child Welfare Act, whether held in the name of the 
society or in the name of a trustee or otherwise, 
if used exclusively for the purposes of and in con- 
nection with the society. 



Scientific 
or literary 
institutions, 
etc. 



14. The property of every public library and other public 
institution, literary or scientific, and of every agri- 
cultural or horticultural society or association, to 
the extent of the actual occupation of such property 
for the purposes of the institution or society. 



R.S.O. 1980, 
c. 14 



(a) For the purposes of this paragraph, an agri- 
cultural society under the Agricultual Socie- 
ties Act shall be deemed to be in actual 
occupation where the property of the society 
is rented and the rent is applied solely for the 
purposes of the society. 



Battle sites 



Exhibition 
buildings of 
companies 



Machinery 



15. Land acquired by a society or association by reason 
of its being the site of any battle fought in any war, 
and maintained, preserved and kept open to the 
public in order to promote the spirit of patriotism. 

16. The land of every company formed for the erection 
of exhibition buildings to the extent to which the 
council of the municipality in which such land is 
situate consents that it shall be exempt. 

17. All machinery and equipment used for manufactur- 
ing or farming purposes or for the purposes of a 
concentrator or smelter of ore or metals, including 
the foundations on which they rest, but not includ- 
ing machinery and equipment to the extent that it 
is used, intended or required for lighting, heating 
or other building purposes or machinery owned, 
operated or used by a transportation system or by 
a person having the right, authority or permission 
to construct, maintain or operate within Ontario 
in, under, above, on or through any highway, lane 
or other public communication, public place or 
public water, any structure or other thing, for the 
purposes of a bridge or transportation system, or for 
the purpose of conducting steam, heat, water, gas, 
oil, electricity or any property, substance or product 
capable of transportation, transmission or convey- 
ance for the supply of water, light, heat, power or 
other service. 



Sec. 4 ASSESSMENT Chap. 31 187 

18. All machinerv' and equipment including the foun- J!^*^'**"®'^ 
dations on which they rest to the extent and in Producing 
the proportion used for producing electric pK)wer power 
for sale to the general public but not including 

any other buildings, structures, structural facilities 
or fixtures used in connection therewith. 

19. One acre used for forestry purposes for every ten ^°'"®^*''"y 

, . . . . ■' purposes 

acres of the farm m one municipality under a single 
ownership but not more than twenty acres in all, 
and, where the total acreage consists of more than 
one separately assessed parcel, the assessor shall 
treat all such parcels as one parcel for the purpose 
of determining the exemptions under this paragraph 
and shall apportion the exemption to each parcel 
in the ratio of the acreage of each parcel used or 
partly used for forestry purposes to the total acreage 
of all parcels used or partly used for forestry 
purposes. 

20. The buildings, plant and machiner>' under mineral ^*^^f^^*"*^ 
land and the machinery in or on such land only 

to the extent and in the proportion that such 
buildings, plant and machinery are used for obtain- 
ing minerals from the ground, and ail minerals, 
other than diatomaceous earth, limestone, marl, 
peat, clay, building stone, stone for ornamental 
or decorative purposes, or non-auriferous sand or 
gravel, that are in, on or under land. 

21. All the machinery, plant and appliances, wherever Certam 
situate, and all structures placed on, over, under or telephone 
affixed to any highway, lane or other public com-teitgraph 
munication, public place or water so long as such companies 
machinery, plant, appliances or structures are used 

by any telephone or telegraph company in connec- 
tion with and as part of the operations of its telephone 
or telegraph business, and in this paragraph "tele- 
graph company" includes a person or association of 
persons owning, controlling or operating a telegraph 
system or line, but does not include a municipal 
corporation owning, controlling or operating a tele- 
graph system or line. R.S.O. 1970, c. 32, s. 3; 1972, 
c. 1, s. 104 (6) ; 1973, c. 26, s. 1 ; 1974. c. 41, s. 2. 

4. The council of any local municipality may pass by-laws ^reTigioM 
exempting from taxes, other than school taxes and local institutiona 
improvement rates, the land of any religious institution named 
in the by-law, provided that the land is owned by the 
institution and occupied and used solely for recreational 
purposes, on such conditions as may be set out in the by-law. 
R.S.O. 1970, c. 32, s. 4. 



188 



Chap. 31 



ASSESSMENT 



Sec. 5 



Where land 
ceases to be 
used for 
forestry 
purposes 



6. The council of a town, village or township may by 
by-law provide that, if any part of a farm exempted under 
paragraph 19 of section 3 ceases to be used for forestry purposes so 
as not to come within the purview of such paragraph, the assessor 
shall so report to the clerk and that the clerk shall forthwith amend 
the collector's roll by inserting therein, 



(a) the rates or taxes with which the farm would have 
been chargeable for the preceding three years if such 
part of the farm had not been exempt ; or 

(b) such portion of such rates or taxes as the by-law 
may provide or the council may by resolution deem 
proper, 

and such rates or taxes or portion thereof are collectable in 
accordance with such amended roll. R.S.O. 1970, c. 32, s. 5. 

Exemption Q^ Xhe council of any local municipality may pass by-laws 
League exempting from taxes, other than school taxes and local 
improvement rates, the land belonging to and vested in the 
Navy League of Canada under such conditions as may be 
set out in the by-law, so long as the land is occupied and 
used solely for the purposes of carrying out the activities 
of the Ontario division of the Navy League. R.S.O. 1970, 
c. 32, s. 6. 



Business 
assessment 



7. — (1) Irrespective of any assessment of land under this 
Act, every person occupying or using land for the purpose 
of, or in connection with, any business mentioned or described 
in this section, shall be assessed for a sum to be called 
"business assessment" to be computed by reference to the 
assessed value of the land so occupied or used by him as 
follows : 



[a) Every person carrying on the business of a distiller 
for a sum equal to 140 per cent of the assessed 
value of the land occupied or used by him for such 
business exclusive of any portion of such land occu- 
pied or used by him for the distilling of alcohol 
solely for industrial purposes and for a sum equal 
to 75 per cent of the assessed value as to such 
last-mentioned portion. 

(6) Every person carrying on the business of a whole- 
sale merchant, brewer, .insurance company, loan 
company, trust company, express company carrying 
on business on or in connection with a railway or 



Sec. 7 (1) (/) (i) ASSESSMENT Chap. 31 189 

steamboats or other vessels, land company, loaning 
land corporation, bank, banker or any other finan- 
cial business for a sum equal to 75 per cent of the 
assessed value. 

(c) Every person carrying on the business of selling or 
distributing goods, wares and merchandise through 

- a chain of more than five retail stores or shops in 
Ontario, directly or indirectly owned, controlled or 
operated by him, for a sum equal to 75 per cent 
of the assessed value of the land occupied or used 
by him in such business for a distribution premises, 
storage or warehouse for such goods, wares and 
merchandise, or for an office used in connection 
with such business. 

(d) Every person carrying on the business of a manu- 
facturer, including the business of a flour miller, 
maltster, a concentrator or smelter of ore or metals, 
and the business of obtaining minerals from the 
ground, for a sum equal to 60 per cent of the 
assessed value, provided that a manufacturer is 
not liable to business assessment as a wholesale 
merchant by reason of his carrying on the business 
of selling by wholesale the goods of his own 
manufacture on such land. 

(e) Every person carrying on the business of selling 
goods or services through a chain of more than five 
stores, shops or outlets in Ontario, except a hotel 
or motel, for a sum equal to 50 per cent of the assessed 
value. 

(/) Every person, 

(i) practising or carrying on the business of a 
barrister, solicitor, notary public, convey- 
ancer, physician, surgeon, oculist, optometrist, 
ophthalmic dispenser, physiotherapist, podia- 
trist, aurist, dentist or veterinarian, or a civil, 
mining, consulting, mechanical or electrical 
engineer, surveyor, contractor, builder, adver- 
tising agent, private investigator, employment 
agent, accountant, assignee, auditor, osteo- 
path, chiropractor, massagist, architect and 
every person carrying on a financial or com- 
mercial business or any other business as 
agent, or 



190 Chap. 31 ASSESSMENT Sec. 7 (1) (/) (ii) 

(ii) carrying on the business of operating a radio 
or television broadcasting station, or 

(iii) carrying on business as the pubhsher of a 
newspaper, or a photographer, lithographer, 
printer or publisher, or 

(iv) carrying on the business of a department store, 

for a sum equal to 50 per cent of the assessed value. 

(g) Every person carrying on the business of, 

(i) a telegraph or telephone company, or 

(ii) a transportation system, other than one for 
the transportation or transmission or distri- 
bution by pipe line of crude oil or liquid or 
gaseous hydrocarbons or any product or by- 
product thereof or natural or manufactured 
gas or liquefied petroleum gas or any mixture 
or combination of the foregoing, or 

(iii) the transmission of water or of steam, heat 
or electricity for the purposes of light, heat 
or power, 

for a sum equal to 30 per cent of the assessed value 
of the land, except a highway, lane or other public 
communication or public place or water or private 
right of way, occupied or used by such person, 
exclusive of the value of any machinery, plant or 
appliances erected or placed upon, in, over, under 
or affixed to such land. 

(h) Every person carrying on the business of trans- 
portation, transmitting or distributing by pipe line 
crude oil or liquid or gaseous hydrocarbons or any 
product or byproduct thereof or natural or manu- 
factured gas or liquefied petroleum gas or any mix- 
ture or combination of the foregoing, for a sum 
equal to 30 per cent of the assessed value of the land 
excluding any pipe line liable to assessment under 
section 23 or 24. 

(i) Every person carrying on the business of a car park, 
for a sum equal to 25 per cent of the assessed value. 



Sec. 7 (6) ASSESSMENT Chap. 31 191 

(j) Every person carrying on any business not specially 
mentioned before in this section, for a sum equal to 
30 per cent of the assessed value. R.S.O. 1970, c. 32 
s. 7(1); 1974. c. 41, s. 3. 

(2) Irrespective of any assessment of land or of anv Employee 

1- • X J ^i- • A ^ , • parking lots 

busmess assessment under this Act, every person who is 
liable to be assessed for business assessment and who provides 
without charge parking facilities for the vehicles of his em- 
ployees shall be assessed for a sum (to be called business 
assessment) equal to 25 per cent of the assessed value of the 
land so used for employee parking that is reasonably neces- 
sary for such purpose as determined by the assessor, but 
such person shall not otherwise be assessable for business 
assessment in respect of such land. 

(3) Irrespective of any assessment of land or of any shared 

DSLrkintf lots 

business assessment under this Act, every person carrying 
on business in one of a group of premises in which business 
is carried on where land for parking is made available by the 
owner of the land, or by anyone claiming under him, with- 
out charge to customers of or persons having business in 
one of such premises in such group in common with the 
customers of or persons having business with the occupants 
of other such premises in the group shall be assessed for a 
sum (to be called business assessment) equal to 25 per cent 
of the assessed value of that portion of the land made 
available for parking which is in the proportion to the whole 
of the land so made available that the assessed value of his 
premises is to the total assessed value of the premises occupied 
by the group exclusive of the land made available for parking. 

(4) Every person assessed for business assessment is liable Tax not 
for the payment of tax thereon and the tax assessed does on land 
not constitute a charge upon the land. 

(5) Where a manufacturer also carries on the business of a Transporta- 

^ ' . tionofgas. 

transportation system for the transportation or transmission etc. by pipe 

J- J. -1- X- iT • 1- J J I 1- -J linebymanu- 

or distnbution by pipe line of crude oil or liquid or gaseous facturer 
hydrocarbons or any product or byproduct thereof or natural 
or manufactured gas or any mixture or combination of the 
foregoing, he shall not be assessed for business assessment as 
a manufacturer in resf)ect of such transportation system. 

(6) Wherever in this section general words are used for ^^g^°^ 
the purpose of including any business that is not expressly words 
mentioned, such general words shall be construed as including 

any business not expressly mentioned, whether or not such 



192 



Chap. 31 



ASSESSMENT 



Sec. 7 (6) 



business is of the same kind as or of a different kind from 
those expressly mentioned. 



Persons 
carrying on 
more than 
one class of 
business 



(7) Subject to subsection (8), no person shall be assessed 
in respect of the same premises under more than one of the 
clauses of subsection (1), and, where any person carries on more 
than one of the kinds of business mentioned in that subsec- 
tion on the same premises, he shall be assessed by reference 
to the assessed value of the whole of the premises under 
that one of those clauses in which is included the kind of 
business that is the chief or preponderating business of those 
so carried on by him in or upon such premises. 



Retailing 
by manu- 
facturer 



(8) Where a manufacturer also carries on the business of 
a retail merchant, he shall be assessed as a retail merchant 
in respect of any premises or of any portion of any premises 
that are occupied and used by him solely and only for the 
purpose of such business. 



Where 
land used 
partly for 
business 
and for 
residence 



(9) Where any person mentioned in subsection (1) occupies 
or uses land partly for the purpose of his business and partly 
for the purpose of a residence, he shall be assessed under 
this section only in respect of the part occupied mainly for 
the purpose of his business. 



Farmers, 
etc. 



(10) No person occupying or using land as a rooming house, 
apartment house, farm, market garden, nursery or apiary or 
for the raising of animals for the production of fur is liable 
to business assessment in respect of such land. 



R.S.O. 1980, 
c. 208 



{a) In this subsection, "rooming house" means any house 
or building or portion thereof in which the pro- 
prietor supplies lodging, for hire or gain, to other 
persons with or without meals in rooms furnished by 
the proprietor with necessary furnishings, and does 
not include a hotel, as defined in the Hotel Registra- 
tion of Guests Act. 



assessment (^^^ Where the amount of the assessment of any person 
assessable under this section would under the foregoing 
provisions be less than $100 he shall be assessed for the 
sum of $100. R.S.O. 1970, c. 32, s. 7 (2-11). 



Assessment j$. — (1) Where an easement is appurtenant to any land, 
of easements . , ,, ' , . . . f r i i i 

it shall be assessed m connection with and as part of the land 
at the added value it gives to the land as the dominant 
tenement, and the assessment of the land that, as the servient 



Sec. 10 (2) ASSESSMENT Chap. 31 193 

tenement, is subject to the easement shall be reduced 
accordingly. 

(2) Where land is laid out and used as a lane and is sub- Lanes used 

. 1-1 f i/~-, -.as right of 

ject to such rights of way as prevent any beneficial use of it way 
by the owner, it shall not be assessed separately, but its 
value shall be apportioned among the various parcels to which 
the right of way is appurtenant and shall be included in the 
assessment of such parcels and in such cases the assessor 
shall return the land so used a? "Lane not assessed" 

(3) A restrictive covenant running with the land shall be Restrictive 

111 • 1 • 1 • f 1 • covenant 

deemed to be an easement within the meaning of this sec- 
tion. R.S.O. 1970, c. 32, s. 12. 

9. — (1) An assessor, and anv assistant of and designated i^i^^t of 

access 

by an assessor, upon producing proper identification, shall 
at all reasonable times and upon reasonable request be given 
free access to all land and to all parts of every building, 
structure, machinery and fixture erected or placed upon, in, 
over, under or affixed to the land, for the purpose of making 
a proper assessment thereof or of making a proper business 
assessment in respect thereof. R.S.O. 1970, c. 32, s. 13 (1). 

(2) Every adult person present on land when any person ^°^°""*"°° 
referred to in subsection (1) visits the land in the performance 
of his duties shall upon request give to such person all the 
information in his knowledge that will assist such person to 
make a proper assessment of the land and every building, 
structure, machinery and fixture erected or placed upon, in, 
over, under or affixed to the land, to make a proper business 
assessment in respect thereof, and to obtain the information 
he requires with respect to any person whose name he is 
required to enter on the assessment roll or concerning whom 
he is required to obtain any information for the purpose of 
the census required by section 14. R.S.O. 1970, c. 32, 
s. 13 (2); 1974, c. 41, s. 4. 

10. — (1) Where an assessor has visited land for the purpose where 

cLSSG sso r 

of making a proper assessment thereof or a proper business unable to 
assessment in respect thereof and has been unable to obtain information 
all information necessary for such purpose, he may deliver 
or cause to be delivered or mailed to the address of any 
person, whether resident in the municipality or not, who is 
or may be assessed in respect of the land, a questionnaire 
or questionnaires in writing demanding information as pre- 
scribed by the regulations. R.S.O. 1970, c. 32, s. 14 (1); 
1972, c. 125, s. 3. 

(2) Every person to whom any questionnaire is delivered J®^^°5 
or mailed shall, within ten days after the delivery or mailing, naire 



194 



Chap. 31 



ASSESSMENT 



Sec. 10 (2) 



Proviso 



Assessor 
not bound 
by returns 



enter thereon in the proper places all the information required 
thereby that is within his knowledge and sign and deliver 
or mail the questionnaires to the assessment commissioner or 
assessor whose name and address appear on the questionnaire. 

(3) Except as provided in this or any other section of this 
Act, no person rhay be required by an assessment commis- 
sioner, assessor or other person to furnish information with 
respect to the assessment of land, business or persons or 
with respect to the census. R.S.O. 1970, c. 32, s. 14 (2, 3). 

1 1 . The assessor is not bound by any statement delivered 
under section 9 or 10 nor does it excuse him from making 
due inquiry to ascertain its correctness, and, notwithstanding 
any such statement, the assessor may assess every person for 
such amount as he believes to be just and correct, and may 
omit his name or any land that he claims to own or occupy, 
if the assessor has reason to believe that he is not entitled 
to be placed on the roll or to be assessed for such land. 
R.S.O. 1970, c. 32, s. 15. 



Offence 
for not 
furnishing 
information 



12. — (1) Every person who, having been required to 
furnish information under section 9 or 10 makes default 
in delivering or furnishing it and any corporation that makes 
default in delivering the statement or notice mentioned in 
section 24 or 29, is guilty of an offence and on conviction is liable to 
a fine of not more than $100 and an additional fine of $10 for each 
day during which default continues. R.S.O. 1970, c. 32, s. 16 
(1); 1974, c. 41, s. 5. 



for false 
statement 



(2) Every person who knowingly states anything false 
in any such statement or in furnishing such information 
is guilty of an offence and on conviction is liable to a fine of not 
more than $200. 



(3) Every 



who wilfully obstructs or interferes 



for ,. (3) Jfcvery person 

obstructing . ^ . , . . / . , 

assessor, etc. with any person referred to in subsection 9 (1) in the performance 
of any of his duties or the exercise of his rights, powers and 
privileges under this Act is guilty of an offence and on conviction is 
liable to a fine of not more than $200. R.S.O. 1970, c. 32, s. 16 
(2, 3). 



Assessment 
roll content 



13. — (1) The assessment commissioner shall cause to be 
prepared an assessment roll for each municipality in the 
region for which he is the assessment commissioner and, 
in such preparation, shall cause to be set down the following 
particulars : 

1. A description of the property sufficient to identify 
it. 



Sec. 13(2)1fl ASSESSMENT Chap. 31 195 

2. The name and surnames, in full, if they can be 
ascertained, of all persons who are liable to assess- 
ment in the municipality whether they are or are 
not resident in the municipality. 

3. The amount assessable against each person opposite 
his name and where there is both owner and tenant, 
both names shall be entered on the roll. 

4. Whether the person is an owner or tenant. 

5. Number of acres, or other measures showing the 
extent of the land. 

6. Market value of the parcel of land. 

7. Amount of taxable land. 

8. Value of land if liable for school rates only. 

9. Value of land exempt from taxation. 

10. Assessment for real property mentioned in subclauses 1 

(1) (c) (i) and (iii) of the Ontario Unconditional Grants R so. i98o, 
Act. " ''' 

11. Percentage applied in determining the amount of 
business assessment under section 7. 

12. Residential assessment. 

13. Professional and commercial assessment. 

14. Manufacturing and industrial assessment. 

15. Farm assessment. 

16. Corporations assessment, by inserting the letter 
"C" where applicable. 1972, c. 125, s. 4 (1). 

(2) The following provisions shall be observed in the Preparation 
preparation of the assessment roll: 

1. No assessment shall be made against the name of 
any deceased person, but, when the assessor is 
unable to ascertain the name of the person who 
should be assessed in lieu of the deceased person, 
he may enter, instead of such name, the words 
"Representatives of A.B., deceased" {giving the 
name of the deceased person). 



196 



Chap. 31 



ASSESSMENT 



Sec. 13 (2)112 



2. Each subdivision shall be assessed separately, and 
every parcel of land (whether a whole subdivision or 
a portion thereof, or the whole or a portion of a 
building thereon) in the separate occupation of any 
person shall be separately assessed ; provided that no 
portion of any building used or intended to be used 
as a residence shall be separately assessed unless 
it is a domestic establishment of two or more 
rooms in which the occupants usually sleep and 
prepare and serve meals. 

3. Where a block of vacant land subdivided into 
lots is owned by the same person, it may be entered 
on the roll as so many acres of the original block 
or lot if the numbers and description of the lots 
into which it is subdivided are also entered on the 
roll. R.S.O. 1970, c. 32, s. 17(2). 



Apportion- 
ment of 
value of 
multiple 
occupancy 



(3) The value of an assessment of an entire parcel 
of real property that is occupied by more than one 
person to be assessed under this Act shall be apportioned 
on the assessment roll among the occupants of the entire 
real property who are to be assessed in that proportion that 
the fair market rent of the space occupied by each occupant 
bears to the fair market rent of the entire parcel of real 
property so that the sum of the values apportioned to each 
occupant shall be equal to the value of the assessment 
of the entire parcel of real property. 1974, c. 41, s. 6. 



Census 



R.S.O. 1980, 
c. 308 



14. The assessment commissioner shall in each year, 
commencing on the Tuesday following the first Monday of 
September and ending on the 30th day of September, cause 
a census to be taken of the inhabitants of each munici- 
pality and locality in his region, which shall include school 
support and such other information as may be prescribed 
by the Lieutenant Governor in Council, and a list showing 
the school support of every inhabitant who is entitled to 
direct taxes for school support purposes for each munici- 
pality and locality shall be delivered by the assessment 
commissioner to the clerk of the municipality and to the 
secretary of each school board in the municipality and the 
locality on or before the second Tuesday of October of the 
year in which the census is taken and such census shall be 
the enumeration referred to in the Municipal Elections Act. 
1972, c. 125, s. 6; 1973, c. 26, s. 2. 



Alternative 
period for 
taking of 
census 



15. The Lieutenant Governor in Council may by regu- 
lation require that, in any part of Ontario where a census under 
section 14 is to be taken, the census, instead of being taken 



Sec. 17 (1) (a) (hi) assessment Chap. 31 197 

during the period provided for in section 14, shall be taken 
during such other period in the year as is specified in the 
regulation. 1973, c. 26, s. 3. 

16. — (1) Subject to section 17, land shall be assessed Land to be 

&S86SS6Q 

against the owner thereof and against the tenant to the extent against 
of the assessed value of the portion of the land occupied by tenant*" 
the tenant. 1974, c. 41, s. 7. 

(2) Land held by a trustee, guardian, executor or ad- Land held 

Dv trustcGS 

ministrator shall be assessed against him as owner or tenant etc. 
thereof, as the case may require, in the same manner as 
if he did not hold the land in a representative capacity, 
but the fact that he is a trustee, guardian, executor or 
administrator shall, if known, be stated in the roll, and such 
trustee, guardian, executor or administrator is only personally 
liable when and to such extent as he has projjerty as such 
trustee, guardian, executor or administrator, available for 
payment of such taxes. R.S.O. 1970, c. 32, s. 24 (8). 

1 7. — (1) Notwithstanding paragraph 1 of section 3, the tenant Assessment 
of land owned by the Crown where rent or any valuable consider- lands 
ation is paid in respect of such land and the owner of land in which 
the Crown has an interest and the tenant of such land where rent 
or any valuable consideration is paid in respect of such land shall 
be assessed in respect of the land in the same way as if the land was 
owned or the interest of the Crown was held by any other person. 

{a) For the purposes of this subsection, 

(i) "tenant", in addition to its meaning under 
section 1, also includes any person who uses 
land belonging to the Crown as, or for the 
purposes of, or in connection with, his 
residence, irrespective of the relationship 
between him and the Crown with respect to 
such use, 

(ii) "residence" means a building or part of a 
building used as a domestic establishment 
and consisting of two or more rooms in 
which persons usually sleep and prepare 
and serve meals, 

(iii) "rent or any valuable consideration" shall 
be deemed to have been paid, in the case of an 
employee using land belonging to the Crown 
as a residence, where there is a reduction 



198 



Chap. 31 



ASSESSMENT 



Sec. 17 (1) (a) (iii) 



in or deduction from the salary, wages, 
allowances or emoluments of the employee 
because of such use or where such use is 
taken into consideration in determining the 
employee's salary, wages, allowances or emolu- 
ments. R.S.O. 1970, c. 32, s. 26 (1). 



Tenant's 
interests 
maybe 
sold 



R.S.O, 1980, 
c. 302 



(2) In addition to the liability of every person assessed 
under subsection (1) to pay the taxes assessed against him, 
the interest in such land, if any, of every person other 
than the Crown is subject to the special lien on land for 
taxes given by the Municipal Act and is liable to be sold 
or vested in the municipality for arrears of taxes. R.S.O. 
1970, c. 32, s. 26 (3); 1973, c. 26, s. 4 (2). 



Application 

to timber 

licensees. 

etc. 

R.S.O. 1980, 

c. 109 



(3) This section does not apply to the interest of a timber 
licensee, lessee, grantee or concessionaire in a licence, lease or 
agreement issued under the Crown Timber Act , or to any right in 
timber cut or to be cut by the holder of, or party to, such licence, 
lease or agreement, or to such improvements or equipment as 
lumber camps, tote roads, telephone lines, hoists, logging rail- 
ways, dams or booms that may be used only temporarily in 
connection with logging or lumbering operations conducted under 
such licence, lease or agreement. R.S.O. 1970, c. 2>2, s. 26 (4). 



Assessment 
of land 



18. — (1) Subject to this section, land shall be assessed 



at its market value. 



\_. 



Market 
value 



(2) Subject to subsection (3), the market value of land 
assessed is the amount that the land might be expected 
to realize if sold in the open market by a willing seller 
to a willing buyer. 



Farm 
lands and 
buildings 



(3) For the purposes of subsection (2), in ascertaining the 
market value of farm lands used only for farm purposes 
by the owner thereof or used only for farm purposes by a 
tenant of such an owner and buildings thereon used solely 
for farm purposes, including the residence of the owner or tenant 
and of his employees and their families on the farm lands, 
consideration shall be given to the market value of such 
lands and buildings for farming purposes only, and in deter- 
mining such market value consideration shall not be given to 
sales of lands and buildings to persons whose principal 
occupation is other than farming. 



^JfI^^(«o (4) Where the owner of farm lands entitled to the benefit 

owner dies ,. , 

or retires of subsection (3) dies or retires, the market value of the lands 



Sec. 18 (8) ASSESSMENT Chap. 31 199 

and buildings in respect of which subsection (3) applies shall 
be ascertained in the manner provided in subsection (3) in 
assessing such lands during the period the lands are held 
by him after his retirement or held by his estate after his 
death, but in no case beyond the two years immediately 
following the owner's death or retirement unless such 
lands are occupied by the surviving spouse of the deceased 
owner or by the retired owner. R.S.O. 1970, c. 32, s. 27 (1-4). 

(5) When an appeal has been taken in respect of the cissess- Effect of 

£tSS6S8IT16nt^ 

ment of farm lands mentioned in subsection (3) from the determined 
decision of the Assessment Review Court, the assessment as°°*'^*^ 
finally determined on appeal shall remain fixed in respect 
of the same lands and buildings for a period of two years 
after the year in respect of which such appeal was taken 
so long as the lands and buildings are owned by a person 
whose principal occupation is fanning, but this subsection 
does not apply to prevent a different assessment of any 
farm lands in any year in which a different assessment 
generally is made of lands in the municipality in which the 
farm lands are situated. R.S.O. 1970, c. 32, s. 27 (5) ; 
1973, c. 26, s. 5. 

(6) Land that has been planted for forestation or re- deforested 
forestation purposes shall not be assessed at a greater 

value by reason only of such planting. R.S.O. 1970, c. 32, 
s. 27 (6). 

(7) Land used as woodlands or orchards shall not beWoodian(te 

^ ' . . . , , , , or orchards 

assessed at a greater value by reason of the presence of the 
trees thereon nor shall it be assessed at a lesser value by 
reason of the removal of the trees. 1971, c. 79, s. 3 (1). 

(8) In subsection (7), "woodlands" means lands having not^^^e^re- 
less than 400 trees per acre of all sizes, or 300 trees measuring woodlands 
over two inches in diameter, or 200 trees measuring over 

five inches in diameter, or 100 trees measuring over eight 
inches in diameter (all such measurements to be taken at 
four and one-half feet from the ground) of one or more 
of the following kinds: white or Norway pine, white or 
Norway spruce, hemlock, tamarack, oak, ash, elm, hickory, 
basswood, tulip (white wood), black cherry, walnut, butter- 
nut, chestnut, hard maple, soft maple, cedar, sycamore, 
beech, black locust, or catalpa, or any other variety that 
may be designated by order in council, and which lands 
have been set apart by the owner with the object chiefly, 
but not necessarily solely, of fostering the growth of the 
trees thereon and that are fenced and not used for grazing 
purposes. R.S.O. 1970, c. 32, s. 27 (8). 



200 



Chap. 31 



ASSESSMENT 



Sec. 18 (9) 



Interpre- 
tation, 
orchards 



Business 
assessment 



(9) In subsection (7), "orchards" means lands having an 
area of at least one-half acre on which there are at least 
thirteen fruit trees and on which the number of fruit trees 
bears a proportion to the area of at least twenty-six fruit 
trees per acre, of one or more of the following kinds: apple, 
cherry, grape vine, peach, apricot, pear, plum, and such 
other fruit-producing trees, shrubs or vines as may be designated 
by order in council. 1971, c. 79, s. 3 (2). 

19. — (1) Every person occupying mineral land for the pur- 
pose of any business other than mining is liable to business 
assessment as provided by section 7. 



Petroleum 

mineral 

rights 



Minerals 
and surface 
rights 
becoming 
vested in 
one owner 



(2) Where in any deed or conveyance of lands heretofore 
or hereafter made, the petroleum mineral rights in the lands 
have been or are reserved to the grantor, such mineral rights 
shall be assessed at their market value. R.S.O. 1970, 
c. 32, s. 28 (2, 3). 

(3) Where any estate in mines, minerals or mining rights 
has heretofore or may hereafter become severed from the 
estate in the surface rights of the same lands, whether by 
means of the original patent or lease from the Crown, or 
by any act of the patentee or lessee, his heirs, executors, 
administrators, successors or assigns, such estates after being 
so severed shall thereafter be and remain for all purposes 
of taxation and assessment separate estates notwithstand- 
ing the circumstances that the titles to such estates may 
thereafter be or become vested in one owner. R.S.O. 1970, 
c. 32, s. 28 (7). 



Exemption 20. — (1) In any municipality where lands held and used 
lands from as farm lands only and in blocks of not less than five 
certain acres by any one person are not benefitted to as great an 

expen i ures ^^^^^^ ^ty the expenditure of moneys for and on account of 
public improvements, of the character hereinafter mentioned, 
in the municipality as other lands therein generally, the 
council shall annually before the 1st day of March pass a 
by-law declaring what part, if any, of such lands are exempt or 
partly exempt from taxation for the expenditures of the muni- 
cipality incurred for waterworks, fire protection, garbage 
collection, sidewalks, pavements or sewers, or the light- 
ing, oiling, tarring, treating for dust or watering of the streets, 
regard being had in determining such exemption to any 
advantage, direct or indirect, to such lands arising from such 
expenditures or any of them. 



Notice 



(2) The clerk shall forthwith notify by registered mail 
each person affected by the by-law as to what exemption is 
provided for his lands by the by-law. 



Sec. 21 (3) ASSESSMENT Chap. 31 201 

(3) Any person complaining that the by-law does not^P^^*\_ 
exempt him or sufficiently exempt him or his lands from^jyiaw 
taxation may, within fourteen days after the mailing of the 
notice, notify the clerk of the municipality and the secretary 

of the Ontario Municipal Board of his intention to appeal 
against the provisions of the by-law, or any of them, to the 
Ontario Municipal Board which has power to alter or 
vary any or all of the provisions of the by-law and to 
determine the matter of complaint in accordance with the 
spirit and intent of this section. R.S.O. 1970, c. 32, s. 29 (1-3). 

(4) If the council fails to pass the by-law before the^gp®*!^^ 
1st day of March, any person affected may, on or before the^y-iaw 

D£LSS6d 

21st day of March, notify the clerk of the municipality 
and the Ontario Municipal Board of his intention to appeal 
to the Ontario Municipal Board, and, upon such an appeal 
being taken, the Ontario Municipal Board may make an order 
declaring what part, if any, of the lands of the person appeal- 
ing is exempt or partly exempt from taxation, and such order 
when published in The Ontario Gazette shall be deemed to be the 
by-law of the council as if passed under subsection (1) except 
that there shall be no appeal therefrom under subsection 
(3). 1972, c- 125, s. 8. 

(5) Nothing in this section shall be deemed to prevent ^sse^ment 
or affect any right of appeal against an assessment. R.S.O. affected 
1970, c. 32, s. 29 (5). 

21. — (1) Section 20 applies to a police village so that Exemption 

r 1 J • 1 • 1 1 1 of farm 

larm lands situate therein may be exempted or partly lands in 
exempted from taxation in the same manner, to the same villages 
extent, and for the purposes mentioned in that section. 

(2) The trustees or board of trustees of a police village Exemption 
have power to and shall pass bv-laws as provided for in be passed 

• ir.-ir • 111 111 by trustees 

section 20 and forthwith after passing the by-law shall of police 
furnish a certified copy thereof to the clerk of the township^ ^^ 
or townships in which the police village or any part thereof 
is situate, and all notices to be given under that section 
shall be given to the trustees or board of trustees of the 
police village instead of to the clerk of the municipality. 
R.S.O. 1970, c. 32. s. 30 (1, 2). 

(3) The trustees or board of trustees of a police village Notk»o^ 
shall notify the clerk of the township or townships, in which and of^^^^^ 
the police village or any part thereof is situate, of any be given to 
decision of the Ontario Municipal Board in respect of lands clerk 

in the police village made under section 20 forthwith after 
it is received. R.S.O. 1970, c. 32, s. 30(3); 1972, c. 125, 
s. 9(1). 



202 



Chap. 31 



ASSESSMENT 



Sec. 21 (4) 



Application 
of by-law 
by township 
council in 
striking 
rates 



(4) The provisions of every by-law of a police village 
passed under the authority of this section, and of every 
decision of the Ontario Municipal Board with respect to such 
police village, shall be made applicable by the council of 
the township or townships in which the police village or 
any part thereof is situate in striking the rates to be levied 
in or for the purposes of the police village. R.S.O. 1970, 
c. 32, s. 30(4); 1972, c. 125; s. 9(2). 



Agreement 
for fixed 
assessment 
for golf 
course 



22. — (1) Any local municipality may enter into an agree- 
ment with the owner of a golf course for providing a fixed 
assessment for the land occupied as a golf course, but not 
including the part of the land actually occupied by any 
building or structure or such building or structure, to apply 
to taxation for general, school and special purposes, but not 
to apply to taxation for local improvements. 



munfcipai (^) Where a golf course has a fixed assessment under an 

officials; agreement under subsection (1), 



assessment 



(a) the gOlf course shall be assessed each year as if it 
did not have a fixed assessment ; 



{b) the treasurer shall calculate each year what the 
taxes would have been on the golf course if it did 
not have a fixed assessment ; 



record 



(c) the treasurer shall keep a record of the difference 
between the taxes paid each year and the taxes 
that would have been paid if the golf course did 
not have a fixed assessment and shall debit the 
golf course with this amount each year during the 
term of the agreement and shall add to such debit 
on the 1st day of January in each year such interest 
as may be agreed upon on the aggregate amount 
of the debit on such date ; and 



distribution 
of taxes 



(d) the taxes paid on the fixed assessment shall be 
distributed among the bodies for which the munici- 
pality is required to levy in the proportion that the 
levy for each body bears to the total levy. 



Agreement 
to be 
registered 



(3) Every agreement shall be registered in the proper land 
registry office in the county in which the golf course or any part 
thereof is located. 



Termination (4) When an agreement is for any reason terminated as 
ment. as to the whole of the lands in respect of which the fixed 
iai^B° assessment is given, the owner shall, 



Sec. 23 (1) ASSESSMENT Chap. 31 203 

(a) pay to the municipality the amount debited against 
the golf course, including the amounts of interest 
debited in accordance with clause (2) (c); or 

(b) require the municipality to purchase the golf course 
for an amount equal to the fixed assessment. 

(5) When an agreement is for any reason terminated sl'^^i^^^ 
to a part of the land in respect of which the fixed assess- 
ment is given, the owner shall, 

(a) pay to the municipahty that portion of the amount 
debited against the golf course, including the 
amounts of interest debited in accordance with 
clause (2) (c), that is attributable to the portion of the golf 
course in respect of which the agreement is terminated; 
or 

(b) require the municipality to purchase the part of 
the golf course in respect of which the agreement is 
terminated for an amount equal to the fixed 
assessment that is attributable to such part. 

(6) Where a golf course has a fixed assessment under an Agreement 
agreement under subsection (1), the agreement shall terminate when land 
as to the whole or any part of the land in respect of which used as goif 
the fixed assessment is given when the whole or any such '^°'^'^^® 
part thereof ceases to be occupied for the purposes of a golf 
course. 



(7) Any agreement may be terminated on the 31st day of Termination 
December in any year upon the owner of the golf course ment 
giving six months notice of such termination in writing to 

the municipality. 

(8) Any dispute between the municipality and the owner °^^p"*^ 
of the golf course in relation to an agreement or this sec- 
tion shall be settled by the Ontario Municipal Board, and 

the decision of the Board is final. R.S.O. 1970, c. 32, s. 31. 

23. — (1) The property bv subclause 1 (k) (v) declared to be Assessment 

LCI mi- 1 , ' ' • . • of lands of 

land that is owned by companies or persons supplying water, water, heat. 
heat, light and power to municipalities and the inhabitants there- and trans- 
of, and companies and persons operating transportation systems Companies 
and companies or persons distributing by pipe line natural gas, 
manufactured gas or liquefied petroleum gas or any mixture of any 
of them shall, whether situate or not situate upon a highway, 
street, road, lane or other public place, when and so long as in 



204 



Chap. 31 



ASSESSMENT 



Sec. U (1) 



actual use, be assessed at its market value in accordance with 
section 18. 



Application 
of section 



(2) This section does not apply to a pipe line as defined 
in section 24. 



Assessment 
of works 
extending 
into two 
or more 
munici- 
palities 



(3) Where the property of any such company or person 
extends through two or more municipalities, the portion 
thereof in each municipality shall be separately assessed 
therein at its value as an integral part of the whole property. 
R.S.O. 1970, c. 32, s. 32 (1-3). 



Assessment 
of struc- 
tures, rails, 
etc., of 
transporta- 
tion system 



(4) Notwithstanding any other provisions of this Act, the 
structures, substructures, superstructures, rails, ties, poles 
and wires of such a transportation system are liable to 
assessment and taxation in the same manner and to the same 
extent as those of a railway are under section 29 and not 
otherwise. R.S.O. 1970, c. 32, s. 32 (4); 1974, c. 41, s. 9. 



Interpre- 
tation 



24. — (1) In this section, 

(a) "^as" means natural gas, manufactured gas or propane 
or any mixture of any of them; 

(6) "oil" means crude oil or liquid hydrocarbons or any 
product or by-product thereof ; 

(c) "pipe line" means, subject to subsection (3), a pipe 
line for the transportation or transmission of gas 
that is designated by the owner as a transmission 
pipe line and a pipe line for the transportation or 
transmission of oil, and includes, 

(i) all valves, couplings, cathodic protection 
apparatus, protective coatings and casings, 

(ii) all haulage, labour, engineering and overheads 
in respect of such pipe line, 

(iii) any section, part or branch of any pipe line. 



(iv) any easement or right of way used by a pipe 
line company, and 

(v) any franchise or franchise right, 

but does not include a pipe line or lines situate 



Sec. 24 (4) 



ASSESSMENT 



Chap. 31 



205 



wholly within an oil refinery, oil storage depot, oil 
bulk plant or oil pipe line terminal ; 

(d) "pipe line company" means every person, firm 
partnership, association or corporation owning or 
operating a pipe line all or any part of which is 
situate in Ontario. R.S.O. 1970, c. 32, s. 33(1); 

- -1973; c. 148, s. 1 (1). 

(2) On or before the 1st day of October in each year, the Notice to 
pipe line company shall notify the assessment commissioner paiities 
of each municipality of the age, length and diameter of all 
its transmission pipe lines located in the municipality as of 
the 1st day of September of that year. R.S.O. 1970, c. 32, 
s. 33 (2); 1974, c. 41, s. 10. 



(3) All disputes as to whether or not a gas pipe line is a^^^putes 
transmission pipe line shall, on the application of any 
intf^rested party, be decided by the Ontario Energy Board 

and its decision is final. 

(4) Notwithstanding any other provisions of this Act, but Assessment 
subject to subsection (6), a pipe line shall be assessed for 
taxation purposes at the following rates : 

Oil Transmission Pipe Line 



Size 
of Pipx" 




Assessment 
per Foot 
of Length 


%'tor.... 

1 V4' to 1 >/2' • • 

2'and2y2-... 

3' 

4' and 4y2"-- 
5' and 5%'. . . 
6' and 6%'. . . 
8' 

nr 


Nominal Ins 


de Diameter . . . 


... $ 1.20 
1.45 
1.70 
2.20 
2.70 
3.20 
3.70 
5.90 
6.80 


12' 


8.55 


14'... 


Outside Diameter 


9.20 


16' 




10.35 


18' 


11.45 


20' 


12.45 


22' 


13.75 


24' 


14.80 


26' 


15.70 


28' 


16.75 


30' 


17.70 


32' 


18.65 


34' 


19.50 


36' 


20.35 


38' 


21.35 













206 



Chap. 31 



ASSESSMENT 
Field and Gathering Pipe Line 



Sec. 24 (4) 



Size 
of Pipe 




Assessment 
per Foot 
of Length 


3/4' to v.... 

iV to 1 »/2^ . 

2" and 21/2"... 
3" 


Nominal Inside Diameter . . . 


. . . 1 .90 
1.09 
1.31 
1.69 


4" and 41/2". •• 
5" and 5%". . . 
6* and 6%" . . . 
8' 


2.10 
2.47 
2.89 
4.65. 


10" 


5.44 


12" 


6.90 















Gas Transmission Pipe Line 



3/4" tor.... 
11/4" to 11/2".. • 

2" and 21/2"- ■• 

3" 

4" and 41/2". •• 
5" and 5%"... 
6" and 6%". . . 
8" 


Nominal Ins 
Outside Dial 


de Diam 
neter . . . 


eter .... 


$ 1.20 
1.45 
1.75 
2.25 
2.80 
3.30 
3.85 
6.20 


10". 
12". 
14" 




7.25 

9.20 

10.00 


16" 


V. 




11.40 


18" 




12.75 


?0" 




14.00 


77" 




15.65 


74" 




17.00 


76" 




18.25 


78" 




19.70 


SO" 




21.10 


3?" 




22.50 


34" 




23.80 


36" 




25.15 


38" 




26.70 









R.S.O. 1970, c. 32, s. 33 (3, 4). 



Adjustment of (5) The asscssment of pipe lines in each municipality deter- 

3,sscssni6nt 

mined under subsection (4) shall be adjusted by the application 
of the equalization factor in use in the municipality for the 
year 1978 pursuant to section 55. 1979, c. 88, s. 1. 



Deprecia- 
tion of 
pipe lines 



(6) A pip)e line shall be depreciated at the rate of 5 per 
cent of the assessed value of the pipe line every three years 
from the year of installation, with a maximum depreciation 
of 55 per cent. 



Sec. 24 (14) ASSESSMENT Chap. 31 207 

(7) A pipe line removed from one location and reinstalled fg*PfJ^°|® 
in another location shall, where depreciation is applicable a°d installed 

ID. £t]10tll6r 

continue to be depreciated at the foregoing rates as though location 
remaining in its original location. 

(8) A pipe line that has been abandoned in any year ^^doned 
ceases to be liable for assessment effective with the assess- 
ment next following the date of abandonment. 

(9) Where a pipe line has been constructed and used for Reduction 

r '^ J. ., ofassess- 

the transportation of oil or gas and ceases to be so used menton 
by reason of an order or regulation of an authority having ^ ^ °® 
jurisdiction in that behalf, other than the taxing authority, 
and an application to the proper authority for permission to 
abandon such pipe line has been refused, the assessment of 
such pipe line shall be reduced by 20 per cent so long as 
it is not used for the transportation of oil or gas. R.S.O. 
1970, c. 32, s. 33 (6-9). 

(10) Where a pipe line is located on, in, under, along or P^^*"^y 
across any highway or any lands, other than lands held in of pipe line 
trust for a band or body of Indians, exempt from taxation pro^rty* 
under this or any special or general Act, the pipe line is 
nevertheless liable to assessment and taxation in accord- 
ance with this section. R.S.O. 1970, c. 32, s. 33 (10) ; 1973, 

c. 26, s. 7. 

(11) Notwithstanding the other provisions of this Act ^'^Jji^. 
or any other special or general Act, a pipe line liable for 
assessment and taxation under this section is not liable for 
assessment and taxation in any other manner for municipal 
purposes, including local improvements, property and business 
taxes, but all other land and buildings of the pipe line 
company liable for assessment and taxation under this or 

any other special or general Act continue to be so liable. 

(12) Where a pipe line extends through two or more ofpf^^ne*^ 
municipalities, onlv the portion or portions thereof in each extending 

. .^ ,. ,r , , r •• 1 into two or 

municipalitv are liable for assessment and taxation m that moremuni- 

. .'^ ..-^ cipalitles 

municipality. 

(13) WTiere a pipe line is placed on a boundary' between ^P^^^c^ipai 
two municipalities or so near thereto as to be in some boundaries 
places on one side and in other places on the other side 

of the boundar\' line or on or in a road that lies between 
two municipalities, although it ma}' deviate so as in some 
places to be wholly or partly within either of them, such 
pipe line shall be assessed in each municipality for one-half 
of the amount assessable against it under this section. 

(14) The assessment of a pipe line under this section Jfo^rty 
shall be deemed to be real property assessment and the taxes assessment 



208 



Chap. 31 



ASSESSMENT 



Sec. 24 (14) 



Review 
of rates 



Re- 
enactment 
of table 
of rates 



Review of 
rates under 
subs. (16) 



Pipes, poles, 
wires, etc., 
on boundary 
lines 



payable by a pipe line company on the assessment of a pipe 
line under this section are a lien on all the lands of such 
company in the municipality. 

(15) The rates set out in subsection (4) shall be reviewed 
by the Minister in the year 1983 and every third year there- 
after, and in any such year the Lieutenant Governor in 
Council may by regulation amend or re-enact the table of rates 
set out in subsection (4). R.S.O. 1970, c. 32, s. 33 (11-15). 

(16) Notwithstanding any provisions of this section to 
the contrary, where, as a result of making a proclamation 
under section 70, an assessment at market value is made 
of real property in any municipality or in territory without 
municipal organization comprised in a locality, the Lieuten- 
ant Governor in Council may by regulation, 

(a) prescribe rates in lieu of the rates in subsection 
(4) to be applied for the taxation of pipe lines in 
such municipality or territory ; 

(b) where two or more pipe lines occupy the same 
right of way, designate the second and subsequent 
pipe lines and prescribe the percentage of the 
rates as so prescribed at which the second and 
subsequent pipe lines are assessable and taxable, 

and the rates and percentages of rates as so prescribed 
shall apply in such municipality and territory in the year 
in which taxation is first levied on the basis of the new 
assessment at market value resulting from such a proc- 
lamation and in each year thereafter until such rates and per- 
centages of rates are altered in accordance with subsection 
(17). 1972, c. 1, s. 1; 1973, c. 148, s. 1 (2); 1980, c. 69, s. 2 (1). 

(17) Any rates and percentages of rates prescribed under sub- 
section (16) shall be reviewed by the Minister in the year 1980 and 
in every third year thereafter, and in any such year the Lieutenant 
Governor in Council may by regulation prescribe different rates 
and percentages of rates to be applicable for the purposes of this 
Act. 1980, c. 69, s. 2 (2). 

25. Where any structure, pipe, pole, wire or other property 
is erected or placed upon, in, over, under or affixed to any 
highway forming the boundary line between two local 
municipalities, or so that such structure, pipe, pole, wire or 
property is in some places on one side and in other places 
on the other side of the boundary line, or is on a highway 
forming the boundary line between two local municipalities 
although it may deviate so as in some places to be wholly 
or partly within either of them, it shall be assessed in each 
municipality for one-half of the whole assessable value in 



Sec. 26 (6) ASSESSMENT Chap. 31 209 

both municipahties taken together. R.S.O. 1970, c. 32, 
s. 34; 1972, c. 125, s. 10. 

2(». — (1) In this section, inter- 

pretation 

(a) "commission" means the council of a municipal 
corporation, or a commission or trustees or other 
body, operating a public utility for or on behalf of the 
corporation and includes a municipal parking author- 
ity established under any general or special Act ; 

(b) "public utility" means a public utility as defined 

in the Municipal Affairs Act and includes parking R so. iqso, 
facilities on land owned by a municipal corporation ^ ^^^ 
or by a municipal parking authority established 
under any general or special Act. R.S.O. 1970, c. 32, 
s. 35 (1); 1972, c. 1, s. 104(6). 

(2) For the purposes of this section, land and buildings P^°P^®^*y 
owned by and vested in a municipal corporation and used vested in 
for the purposes of a public utility shall be deemed to be ^""^'"^^^'"^ 
owned by and vested in the commission operating the public 
utility. R.S.O. 1970, c. 32, s. 35 (2). 

(3) Every commission shall pay in each year, to any Annual 
municipality in which are situated lands or buildings owned by to munici- 
and vested in the commission, the total amount that all rates, ^* 
except, subject to subsections (4) and (5), rates on business 
assessment, levied on the assessment for real property that 

is used as a basis for computing business assessment in 
that municipality for taxation purposes based on the 
assessed value of the land according to the value at which 
lands are assessed in the immediate vicinity and the assessed 
value of such buildings, would produce. R.S.O. 1970, c. 32, 
s. 35(3); 1974, c. 41, s. 11. 

(4) The commission shall also pay the amount that the i^em 
current rates on business assessment on the lands or buildings 
referred to in subsection (3), not including any lands or buildings 
referred to in subsection (5), would produce based on the appli- 
cable percentage of the assessed value provided for in subsection 

(3). 

(5) The commission shall also pay the amount that the i^em 
current rates on business assessment would produce on lands 
and buildings owned or occupied by the commission for 
carrying on the business of selling by retail electrical goods, 
supplies or appliances. 

(6) Notwithstanding section 63 of the Local Improvement J^prove- 
Act, the commission shall pay local improvement assess- "^®°^^ 

r J t- R.S.O. 1980, 

ments. c. 2so 



210 



Chap. 31 



ASSESSMENT 



Sec. 26 (7) 



municipal ^^^ ^^^ payments received under subsections (3), (4) and 

general fund (5) shall be credited by the municipality to the general fund of the 
municipality. 

Assessment ^^^ Subject to subsections (3), (4) and (10), the property on 

appeals which payment is to be made under subsections (3), (4) and (5) 

shall be assessed according to this Act, and the provisions of this 

Act respecting appeals apply. 

be*inciuded° (9) The valuation of properties assessed under this section 
in equalizing shall be included when equalizine: assessment or apportion- 

assessment .... to rr 

ing levies for any purpose. 

Exemptions (iQ) In making the assessment referred to in subsec- 
tion (8), there shall be no assessment of machinery whether 
fixed or not nor of the foundation on which it rests, works, 
structures other than buildings referred to in subsection (3) 
or (5), substructures, superstructures, except where a sub- 
structure or superstructure forms an integral part of a build- 
ing referred to in subsection (3) or (5), rails, ties, poles, towers, 
lines nor of any of the things excepted from exemption 
from taxation by paragraph 17 of section 3 nor of other property, 
works or improvements not referred to in subsection (3) or (5), nor 
of an easement or the right or use of occupation or other interest in 
land not owned by the commission. 



Application 



(11) Nothing in this section exempts from taxation any 
part of any works, structures, substructures or super- 
structures when occupied by a tenant or lessee. R.S.O. 
1970, c. 32, s. 35(4-11). 



Municipal 
telephone 
companies 

R.S.O. 1980, 
c. 302 

Application 
of section 



(12) Telephone companies assessed under this section 
shall, in addition, be subject to the provisions of section 
161 of the Municipal Act. 1972, c. 125, s. 11. 

(13) This section applies notwithstanding any other pro- 
vision in this Act or any other general or special Act or 
any agreement heretofore made, and any agreement heretofore 
made under which a commission pays taxes, or money in 
lieu of taxes or for municipal services, is void. 



Collection 
of payments 



(14) The provisions of this Act and the Municipal Act 
with respect to the collection of taxes apply with necessary modifi- 
cations to the payments required to be made by a commission 
under this section. R.S.O. 1970, c. 32, s. 35 (13, 14). 



Bridges 
and tunnels 
over inter- 
national 
boundary 
line 



27. In the case of any bridge or tunnel liable to assess- 
ment that belongs to or is in the possession of any person 
or corporation, and that crosses a river forming the boundary 



Sec. 29 (2) (a) assessment Chap. 31 211 

between Ontario and any other country or province, the 
part of such structure within Ontario shall be valued as an 
integral part of the whole and on the basis of the valuation 
of the whole, and at its actual cash value as it would be 
appraised upon a sale to another company possessing 
similar powers, rights and franchises and subject to similar 
conditions and burdens, but subject to the provisions and 
basisof assessment set forth in subsection 23 (1). R.S.O. 1970, c. 
32, s. 36. 



28. Any bridge or tunnel belonging to or in possession Bridges 

f ., oo ...... and tunnels 

of any person or corporation between two municipalities in between 

miinici- 

Ontario shall be valued as an integral part of the whole panties 
and on the basis of valuation of the whole. R.S.O. 1970, 
c. 32, s. 37. 



29. — (1) Every railway company shall transmit annually on Railway 
or before the 1st day of July to the assessment commissioner to furn?sh^ 
of every municipality or locality in which any part of the' 
roadway or other real property of the company is situated, 
a statement showing, 



statements 



(a) the quantity of land occupied by the roadway, 
and a description sufficient to identify what land 
is so occupied ; 

{b) the vacant land owned by the company and 
not in actual use by the company; 

(c) the quantity of land occupied by the railway 
and being a part of a highway, street, road or 
other public land, but not being a highway, street 
or road that is merely crossed by the railway; 
and 



(d) the real property, other than that referred to in 
clause (a), (b) or (c), in actual use and occupation 
by the railway. 1974. c. 41, s. 12 (1). 



(2) The land and property under subsection (1) shall beAsseMment 
assessed as follows: ^^^^ 

(a) the roadway or right of way at the value at which 
lands are assessed in the immediate vicinity, but not 
including the structures, substructures and super- 



212 



Chap. 31 



ASSESSMENT 



Sec. 29 (2) (a) 



structures, rails, ties, poles and other property there- 
on; 

(b) the vacant land, at its value as other vacant lands 
are assessed under this Act; 

(c) the structures, substructures, superstructures, rails, 
ties, poles and other property belonging to or used 
by the company (not including rolling stock and 
not including tunnels or bridges in, over, under or 
forming part of any highway) upon, in, over, 
under or affixed to any highway, street or road 
(not being a highway, street or road merely crossed 
by the line of railway) at their actual cash value 
as they would be appraised upon a sale to another 
company possessing similar powers, rights and 
franchises, regard being had to all circumstances 
adversely affecting the value including the non-user 
of such property ; 

(d) the real property not designated in clauses (a), (b) 
and (c) in actual use and occupation by the company, 
at its actual cash value as it would be appraised 
upon a sale to another company possessing similar 
powers, rights and franchises. R.S.O. 1970, c. 32, 
s. 38 (2); 1974, c. 41, s. 12 (2). 

(3) Notwithstanding any other provision in this Act, 
the structures, substructures, superstructures, rails, ties, 
poles, wires and other property on railway lands and used 
exclusively for railway purposes or incidental thereto (except 
stations, freight sheds, offices, warehouses, elevators, hotels, 
heating plants, round houses and machine, repair and 
other shops) shall not be assessed, but heating plants shall 
be exempt from assessment to the extent that the amount 
of steam or heat is used in relation to the cleaning or 
boating of rolling stock. 

(4) The assessment commissioner shall deliver at, or 
transmit by mail to, any station or office of the company a 
notice, addressed to the company, of the total amount at 
which he has assessed the land and property of the company 
in the municipality showing the amount of each description 
of property mentioned in the above statement of the com- 
pany, and the statement and notice respectively shall be held 
to be the assessment return and notice of assessment 
required by sections 10 and 30. 

frornother ^^^ ^ railway company assessed under this section is 

assessments exempt from assessment in any other manner for municipal 

purposes except for local improvements and except for 



Rails, ties, 
poles, sub- 
structures, 
etc., not 
assessable 



Notice of 
assessment 



Sec. 30 (5) (a) assessment Chap. 31 213 

business assessment in respect of hotels under section 7 
and business assessment upon the portion of a heating plant 
that is in the proportion that the amount of the heat 
produced by such plant that is sold for the purposes of a 
hotel or for a purpose not exclusively a railway purpose 
or incidental thereto bears to the total heat produced by 
such plant in any year. R.S.O. 1970, c. 32, s. 38 (3-5). 



30. — (1) The assessment commissioner or an assessor Notice of 
shall, at least fourteen days prior to the completion of the 
assessment roll, deliver in the manner provided in this 
section to every person named therein a notice in a form 
prescribed by the regulations of the sum or sums for which 
such person has been assessed and such other particulars 
as are mentioned in the prescribed form, and shall enter 
in the roll opposite the name of the person the date of delivery 
of the notice or shall make one or more certificates to be 
attached to the roll or to any part of the roll certifying 
the date or dates upon which the notices were delivered, 
and the entry, certificate and certificates are prima facie 
evidence of the delivery. R.S.O. 1970, c. 32, s. 40(1); 
1972, c. 125, s. 12; 1974, c. 41, s. 13. 



(2) When the person assessed is resident in the i^iunici- ^®^^^^^^y 
pality, the notice shall be delivered by leaving it at his residents 
residence or place of business or by mailing it addressed to 
him at his residence or place of business. 



(3) When the person assessed is not resident in the ^0°^^^^^^^ 
municipality, the notice shall be delivered by mailing it 
addressed to him at his last known address. 



(4) When a person assessed furnishes the assessment o°j^^ess 
commissioner with a notice in writing giving the address to 
which the notice of assessment may be delivered to him 

and requesting that the notice be delivered to such address, 
the notice of assessment shall be so delivered, and such 
notice stands until revoked in writing. 

(5) The assessment commissioner or an assessor shall no^°ic^*"°° 
deliver with the notice required by subsection (1), or publish 

in a newspap)er having general circulation in the munici- 
pality in which the land assessed is situated, a notice setting 
forth, 

(a) the last day for appealing the assessment ; 



214 



Chap. 31 



ASSESSMENT 



Sec. 30 (5) (b) 



[b) the times and places where the assessment roll 
may be examined and discussed with the assess- 
ment commissioner or an assessor; 



Correction 
of errors, etc., 
in assess- 
ment roll 



Assessment 

omitted 

from 

collector's 

roll 



Interpre- 
tation 



(c) any significant and unusual change in the amount 
of the assessment ; an,d 

(d) any other information which, in the opinion of the 
assessment commissioner, is desirable, 

but any failure to send such notice does not affect the 
validity of any assessment. R.S.O. 1970, c. 32, s. 40 (2-5). 

31. Notwithstanding the delivery or transmission of any 
notice provided for by section 30, the assessment com- 
missioner at any time before the time fixed for the return 
of the assessment roll may correct any defect, error, omission 
or misstatement in any assessment and alter the roll accord- 
ingly, and he shall do so upon notice being given to him of 
any defect, error, omission or misstatement, and, upon so 
correcting or altering any assessment, he shall deliver or 
transmit to the person assessed an amended notice. R.S.O. 
1970, c. 32, s. 41; 1974, c. 41, s. 14. 

32. — (1) If any land liable to assessment or any business 
assessment, has been in whole or in part omitted from 
the collector's roll for the current year or for any part or 
all of either or both of the next two preceding years, and 
no taxes have been levied for the assessment omitted, 
the assessor shall make any assessment necessary to rectify 
the omission and the clerk of the municipality upon 
notification thereof shall enter the assessment on the col- 
lector's roll and such taxes as would have been payable if 
the assessment had not been omitted shall be levied and 
collected. 

(2) For the purposes of this section, "omitted" includes 
the invalidation or setting aside of an assessment by any 
court or assessment tribunal on any ground except that 
the land is not liable to taxation. 1974, c. 41, s. 15, part. 



Supple- 33^ If after notices of assessment have been given 

mentary . 

assessments under section 30 and before the last day of the taxation year for 
to collector's which taxes are levied on the assessment referred to in the notices, 

roll 

(a) an increase in value occurs which results from 
the erection, alteration, enlargement or improve- 
ment of any building, structure, machinery, equip- 
ment or fixture or any portion thereof that com- 
mences to be used for any purpose ; 



Sec. 34 (3) (a) assessment Chap. 31 215 

(b) land or a portion thereof ceases to be exempt 
from taxation or to be used for the purpose set 
forth in subsection 18 (3); 

(c) a p)erson commences to occupy or use land for 
the purpose of, or in connection with, any business 
mentioned or described in section 7; 

(d) a pipeline increases in value because it ceases to 
be entitled to the reduction provided for in sub- 
section 24 (9), 

the assessor shall make such further assessment as may 
be necessary to reflect the change, and the clerk of the 
municipality upon notification thereof shall enter a supple- 
mentary assessment on the collector's roll and the amount 
of taxes to be levied thereon shall be the amount of taxes 
that would have been levied for the portion of such 
taxation year left remaining after the change occurred if the 
assessment had been made in the usual way. 1974, c. 41, 
s. 15, pari. 



34. — (1) A person entitled to a notice of assessment Notice 
under section 3 1 or assessed under section 32 or 33 shall be notified 
and be entitled to appeal as if the assessment had been regularly 
made and the assessment roll was returned fourteen days after the 
day of mailing of the notice of assessment. 



(2) Where a business assessment is made under section 32 or 33, P^^«^® 
the real property with respect to which such business assessment is rate 
computed is, from the time the land is occupied or used for the 
purpose of or in connection with any business mentioned in section 
7, liable to taxation at the rate levied under clause 7 (3) {b) of the 
Ontario Unconditional Grants Act, and the clerk of the munici- RSO. iggo, 

c. 359 

pality shall amend the collector's roll accordingly. 



(3) When the collector's roll is altered under section 32 or 33 and Distribution 
taxes are levied thereon, 

(a) the amount thereof that, if the taxes had been 
levied in the usual way, would have been paid 
to any body for which the council is required by 
law to levy rates or raise money shall be set up 
in the accounts of the municipality as a credit 
accruing to that body in the same proportion as the 
levy for that body bears to the total levy. 



216 Chap. 31 ASSESSMENT Sec. 34 (3) (6) 

R.s.o. 1980, (ft) notwithstanding the Education Act, the amount 

c 129 

credited to a body under clause (a) shall be paid over to 
such body not later than the 3 1st day of December in the 
year in which it was levied and shall be used by such 
body to reduce the levy for the purposes of such body in 
■ ^., the next suceeding year, and, if the amount or any 

portion thereof is not paid over to such body on or before 
the 31st day of December in the year in which it was 
levied, the municipality so in default shall, if demanded 
by such body, pay interest thereon to such body at the 
rate of 6 per cent per annum from such date until pay- 
ment is made; 

(c) the balance remaining after the setting up of 
all credits as provided in clause (a) shall be taken 
into the general funds of the municipality; 

(d) notwithstanding clauses (a) and (fe), where in a second- 
ary school district a municipality is required under 
an agreement or an award of a board of arbitrators 
or the Ontario Municipal Board to pay over to 
the secondary school board a fixed annual percentage 
of the costs of the erection or maintenance of a 
school or schools, it is not necessary for the 
municipality to pay over an amount to the secondary 
school board as required by clauses (a) and (b), but 
the municipality shall set up a credit of the amounts 
that would but for this clause have been paid over 
to the board, which credit shall be used to reduce 
the levy for the board in the following year; 

{e) the treasurer shall deliver to each of the bodies 
entitled to a credit under clause (a), on or before 
the 31st day of December in the year in which 
the taxes were levied, a statement sufficient to 
enable the body to determine the correctness 
of the credit. 1974, c. 41, s. 15, part. 

Time for 35^ — (j) Except as provided in section 32 or 33, in every 

assessment municipality the assessment shall be made annually com- 
o?ron'"^" mencing in the year 1974 and at any time between the 1st 
day of January and the third Tuesday following the 1st day 
of December, and the assessment roll of the municipality 
shall be returned to the clerk not later than the third Tuesday 
following the 1st day of December in the year in which the 
assessment is made. 

onfme^for (^) ^^ere in any year it appears that the assessment roll 
return of of a municipality or the assessment roll of an area within a 

roll ^ -^ 



Sec. 36 (4) ASSESSMENT Chap. 31 217 

municipality will not be or has not been returned to the 
clerk of the municipality as provided in subsection (1), the 
Minister may extend the time for the return of the assess- 
ment roll for such period as appears necessary. 

(3) Where the Minister extends the time for the return ^x'tension 
of the assessment roll under subsection (2), he shall cause a 
notice of the extension, specifying the date to which the time 
has been extended and the final date for commencing an 
appeal to the Assessment Review Court, to be published in a 
daily or weekly newspaper that in the opinion of the Minister 
has such circulation within the municipality as to provide 
reasonable notice to persons affected thereby. 1974, c. 41, 
s. 16, part. 



(4) As soon as practicable after the return of the assess- 1^^^ for 

,, . .... , . disposing 

ment roll m a municipality, the Assessment Review Court of appeals 
shall hear and dispose of all appeals of assessments for the 
year for which the roU is returned, and when the appeals 
have been disposed of by the Assessment Review Court, the 
regional registrar of the Assessment Review Court shall 
certify the assessment roll to be the last revised assessment 
roll of the municipality for the year for which the assessments 
thereon are made. 1975 (2nd Sess.), c. 2, s. 1. 



36. — (1) The yearly assessment roll of a municipality ^4^^^®*^ 
last returned to the clerk, when corrected and revised roii 
by the Assessment Review Court and certified by the 
regional registrar, is for aU purposes the last revised 
assessment roll of the municipality. 



(2) Where in a municipality no appeals are made to the Last revised 

_ £LSS6SSm6Ilb 

Assessment Review Court and the time for appealing has roii where 
elapsed, the assessment roll shaU be presented by the made^ 
clerk to the regional registrar and if he is satisfied that 
there have been no such appeals he shall certify the roll 
and the roll, as so certified, is for all purposes the last 
revised assessment roll of the municipality. 

(3) In every municipality the rate of taxation for each ^o*be levied 
year shall be fixed and levied on the assessment taken °^^^^ 

in the preceding year according to the last revised assess- assessment 
ment roll thereof. 



(4) Notwithstanding subsection (3), the council of a muni- ^^ment* 
cipality may fix and levy the rate of taxation on the j;°J|J^g^ 



218 



Chap. 31 



ASSESSMENT 



Sec. 36 (4) 



assessment taken in the preceding year according to the 
assessment roll as returned. 



Rights of 

appeal 

preserved 



(5) Nothing in this section in any way deprives any 
person of any right of appeal provided for in this Act, 
which may be exercised and the appeal proceeded with in 
accordance with this Act, notwithstanding that the assess- 
ment roll has been certified by the Assessment Review 
Court and becomes the last revised assessment roll. 



Adjustment 
of taxes as 
result of 
appeal 



(6) Where, as the result of an appeal or of an action 
or other proceeding in any court, any assessment is added, 
reduced, increased or otherwise altered, the taxes levied 
and payable with respect to such assessment shall be 
adjusted accordingly and, if the taxes levied have been 
paid, any overpayment shall be refunded by the muni- 
cipality. 



Special Act 
superseded 



(7) Where a special Act conflicts with this section, this 
section prevails. R.S.O. 1970, c. 32, s. 47. 



Assessment 
of annexed 
areas 



37. — (1) Where any land is detached from one muni- 
cipality and annexed to another municipality after the return 
of the assessment roll of the latter municipality, the 
council of the latter municipality shall pass a by-law 
in the year in which taxation is to be levied on that 
assessment roll adopting the assessments of the lands 
annexed, as last revised while they were part of the 
first-mentioned municipality, as the basis of the assess- 
ment of such lands for taxation in that year by the 
municipality to which the lands are annexed. 



Notice of 
assessment 
and appeals 



(2) The clerk of the municipality, forthwith after the 
passing of the by-law under subsection (1), shall deliver or 
send by registered mail to every person assessed in respect 
of the lands annexed a notice setting out the amount of 
the assessment, and the same rights in respect of appeal 
apply as if the assessment had been made in the usual 
way notwithstanding that the person assessed did not 
appeal, or not withstanding the disposition of any appeal 
taken, as the case may be, in respect of the assessment 
while the lands were a part of the municipality from which 
they became detached. 



wSere'*""" (3) This section does not apply where an annexation 
annexation order Otherwise provides for the assessment of the lands 

ordGr 

provides for annexed by such order. R.S.O. 1970, c. 32, s. 48. 

assessment 



Sec. 39 (2) ASSESSMENT Chap. 31 219 

38. — (1) Upon completion of the assessment roll, the Making 
assessment commissioner shall attach thereto his affidavit * 
or solemn affirmation in Form 1 attesting to his com- 
pliance with this Act in the preparation of the assessment 
roU. 

(2) The assessment commissioner shall on or before the f°.}} ^° ^^ 
day fixed for the return of the assessment roll deliver it tocierk 
to the clerk of the municipality completed, with the 
affidavit or affirmation attached, and the clerk shall im- 
mediately upon receipt of the roll file it in his office and 

it shall be open to inspection during office hours. 

(3) The omission to attach to the assessment roll the £^t\ach 
affidavit or affirmation required by subsection (1) does not affidavit 
invalidate the roll. R.S.O. 1970, c. 32, s. 49. 



39. — (1) Any person complaining of an error or omission Notice of 
in regard to himself, as having been wrongly inserted by person " 
in or omitted from the roll or as having been assessed too *^^"®^® 
low or too high by the assessor in the roll, may personally 
or by his agent give notice in writing to the regional registrar 
of the Assessment Review Court that he considers himself 
aggrieved for any or all of such causes, and shall give a name 
and address where notices can be served by the regional 
registrar as provided by subsection (4). 1971, c. 79, s. 10, 
part; 1974, c. 41, s. 17 (1). 



(2) Any person including a municipality or a school ^reon^^ 
board may, within the time limited by subsection (3), 
give notice in writing, 

(a) to the regional registrar of the Assessment Review 
Court ; and 

{b) to any other person whose assessment is com- 
plained of, 



complaining that any other person has been assessed too 
low or too high or has been wrongly inserted or omitted 
from the roll and shall give a name and address where 
notices can be served on him and on any such other 
person by the regional registrar as provided by subsection 
(4), and the matter shall be decided in the same manner 
as complaints by a person assessed with regard to his 
own assessment. 1971, c. 79, s. 10, part. 



220 



Time for 

giving 

notice 



Notice of 
hearing 



Chap. 31 ASSESSMENT 

(3) A notice of complaint, 



Sec. 39 (3) 



(a) to the regional registrar under subsection (1) or 
(2), shall be mailed to him by ordinary mail; and 

(6) to any other person whose assessment is com- 
plained of, shall be mailed to him by registered 
mail, 

within twenty-one days after the day upon which the roll 
is required by law to be returned, or within twenty-one 
days after the return of the roll in case the roll is not 
returned within the time fixed for that purpose, and 
the regional registrar shall immediately transmit a copy of 
all notices received by him to the assessment commissioner. 
1971, c. 79, s. 10, part; 1974, c. 41, s. 17 (2). 

(4) The regional registrar shall give to the assessment 
commissioner and the clerk of the municipality and to 
all persons complaining and all persons whose assessment 
is complained of notice of any hearing by the Assessment 
Review Court at least fourteen days before the date 
fixed for the hearing in the following form: 

Take notice that the Assessment Review Court will sit at 

on the day of 

in the matter of a complaint. 

The complaint has been made by 

and states that 

(Signed) 

Regional Registrar. 

1971, c. 79, s. 10, part. 



Service of 
notice 



(5) The regional registrar of the Assessment Review 
Court shall cause any notice under this section to be left 
at the person's residence or place of business or to be sent 
by mail addressed thereto. 



Preliminary 
explanation 



(6) Where value is a ground of a complaint that is 
proceeded with, at the commencement of the hearing of 
the complaint by the court, the assessor shall explain the 
manner in which the assessment has been arrived at and 
the complainant shall explain the nature of his com- 
plaint. 



Sec. 39 (12) (6) assessment Chap. 31 221 

(7) After hearing the assessor and the complainant where oetermina- 
required and any evidence adduced, the court shall deter- 
mine the matter and in all complaints involving value shall 
determine the amount of the assessment. 

(8) Where the court is requested during the hearing Written 
by a party to the proceedings to deliver reasons for its 
decision, the court shall give written reasons for its decision. 

(9) Where at any time during the hearing by the ^^i* 
court it appears that any other person should be a party 

to the hearing, the court shall adjourn in order to give 
such person notice of the hearing. 

(10) If any party fails to appear, either in person or when U) 
by an agent, the court may proceed ex parte. ex parte 

(11) Where it appears that there are palpable errors connection 
in the roll of any municipality that need correction, the 

court may at any time during its sitting correct the 
roll if no alteration of assessed values is involved, and, 
if any alteration of assessed value is necessary, the court 
may extend the time for making complaints for ten days 
from a day named by the court and may then meet and 
determine the additional matter complained of, and the 
assessor may be or may be directed by the court to be 
the complainant for such purpose. 

(12) The decision of the Assessment Review Court shall o/^ifby" 
be forwarded by the regional registrar to the clerk of each clerk 
municipality and the clerk of the municipality shall forth- 
with, 

{a) alter the assessment roll in accordance with the 
decisions of the court and shall write his name 
or initials against every alteration, and shall com- 
plete the roll by totalling the amounts of the 
assessments therein and inserting such total; or 

{b) where data processing equipment is used, may, 
as an alternative to complying with clause (a), 
forthwith cause to be prepared a new assessment 
roll which shall include all changes made by the 
court, and shall initial each entry in which a change 
has been made by the court and shall complete 
the roll by totalling the amounts of the assess- 
ments therein and inserting such total. R.S.O. 
1970, c. 32, s. 52 (6-13). 



222 



Chap. 31 



ASSESSMENT 



Sec. 39 (13) 



decision^ (13) When the Assessment Review Court has heard and 

decided a complaint, the regional registrar shall forthwith 
after the receipt of the record of the decision from the 
clerk of the court cause notice thereof to be given, 

(a) where the complaint was as to the amount of the 
assessment, by registered mail; and 

(b) in the case of all other complaints, by ordinary 
mail, 

to the persons to whom notice of the hearing of such 
complaint was given, and such notice shall state thereon 
that such decision may be appealed to the county judge 
within twenty-one days of the mailing of the notice and 
shall also contain a list of the persons to whom notice was 
given under subsection (4). R.S.O. 1970, c. 32, s. 52 (14); 
1974, c. 41, s. 17 (4). 

Notice where (14) When the Assessment Review Court has heard and 

assessment ^ ' 

$50,000 or decided a complaint and the assessment is m an amount of 
$50,000 or more or has been increased by the Assessment 
Review Court to an amount of $50,000 or more, the notice 
under subsection (13) shall also state thereon that, if no 
appeal is taken to the county judge, such decision may be 
appealed to the Ontario Municipal Board within twenty- 
one days of the mailing of such notice. R.S.O. 1970, 
c. 32, s. 52 (15). 



Roll to be 40. The roll as finally revised by the Assessment Review 

binding not- _ , .r- i i i • i • in l- ^ 

withstanding Court and certified by the regional registrar shall, subject 

or'in^notice to subsections 36 (5) and (6), be valid and bind all parties con- 

perso'ns cerned, notwithstanding any defect or error committed in or with 

assessed regard to such roll, or any defect, error or misstatement in the 

notice required by section 30 or the omission to deliver or transmit 

such notice, provided that the provisions of this section in so far as 

they relate to the omission to deliver or transmit such notice do not 

apply to any person who has given the assessment commissioner 

the notice provided for in subsection 30 (4). R.S.O. 1970, c. 32, 

s. 53. 



Copy of 
roll duly 
certified 
to be 
evidence 



41. A copy of any assessment roll, or portion of any 
assessment roll, written or printed, and certified to be a 
true copy by the clerk of the municipality, shall be received 
as prima facie evidence in any court without proof of the 
signature or the production of the original assessment roll 
of which such certified copy purports to be a copy, or a 
part thereof. R.S.O. 1970, c. 32, s. 54. 



Sec. 42 (6) ASSESSMENT Chap. 31 223 

42. — (1) An appeal to the countv judge lies, at the^ppeaito 

, , ... , , , , county judge 

instance of the municipal corporation or a school board, or at 
the instance of the assessment commissioner, or at the 
instance of any person assessed or of any municipal elector 
of the municipality, not only against a decision of the 
Assessment Review Court on an appeal to that court, but 
also against any omission, neglect or refusal of that court 
to hear or decide an appeal. R.S.O. 1970, c. 32, s. 55 (1). 

(2) A notice of appeal to the county judge shall be sent Notice of 
by registered mail, within twenty-one days of the mailing 

of the notice under subsection 39 (13), by the party appealing to the 
regional registrar who shall forthwith mail a copy of such notice to 
the persons to whom notice was given under such subsection 
(13). 1974, c. 41, s. 18 (1). 

(3) The regional registrar shall, immediately after the^^ayand 
time limited for filing appeals, forward a list thereof to the hearing 
judge who shall then notify the regional registrar of the day 

he appoints for the hearing thereof and shall, if in his opinion 
the appeals or any of them appear to involve the calling 
or examination of witnesses, fix the place for holding such 
court within the municipality where the assessment roll is 
in question, or at the place nearest thereto where the sittings 
of the small claims court within his jurisdiction are held. 

(4) The regional registrar shall thereupon give notice to ^®^g°°*r 
all the appellants and all the persons appealed against in the to notify 
same manner as is provided for giving notice on a com- 
plaint under section 39, but in the event of failure by the 
regional registrar to have the required service of the notices 

in any appeal made, or to have the service made in proper 
time, the judge may direct service to be made for some 
subsequent day upon which he may sit. 

(5) The regional registrar shall cause a notice to be posted ap^nants. 
up in a conspicuous place in the office of the clerk of the^£^°^^jjy 
municipality, or the place where the council of the munici- regional 

,• 1 1 1 • • • • • 1 f 11 1^ registrar 

pality holds its sittings, contaming the names of all the 
appellants and persons appealed against, with a brief 
statement of the ground or cause of appeal, together with 
the date at which the court will be held to hear appeals. 
R.S.O. 1970,c. 32, s. 55(3-5). 

(6) The clerk of the Assessment Review Court is the clerk ^^®^ °^ 
of the court, and he shall keep a record of the decision 

of the judge upon each appeal, which shall be certified by 
the judge and when so certified shall be forwarded to the 
regional registrar. R.S.O. 1970, c. 32, s. 55 (6) ; 1973, c. 26, 
s. 8. 



224 



Chap. 31 



ASSESSMENT 



Sec. 42 (7) 



Hearing 

of 

appeals 



(7) At the court so held, the judge shall hear the appeals 
and may adjourn the hearing from time to time and defer 
judgment thereon at his pleasure but so that all appeals are 
heard and disposed of as soon as practicable. 1974, c. 41, 
s. 18 (2), part. 



Subpoena 



Assessment 
roll to be 
produced to 
the court 



(8) A subpoena to compel the attendance of any witness 
required before the county judge upon any appeal under this 
Act may be issued by the clerk of the county court of the 
county in which is situated the municipality whose assess- 
ment roll is in question, and the subpoena shall be tested 
as are other subpoenas issued out of the county court of 
the county in actions therein and may be entitled as is 
provided in section 45. R.S.O. 1970, c. 32, s. 55 (10). 

43. At the court to be held by the county judge to 
hear the appeals hereinbefore provided for, the person 
having charge of the assessment roll certified by the regional 
registrar shall appear and produce such roll and all papers 
and writings in his custody connected with the matter of 
the appeal. R.S.O. 1970, c. 32, s. 56. 



Powers of 

judge 

sitting in 

appeal from 

Assessment 

Review 

Court 



44. — (1) In all proceedings before the county judge 
under or for the purposes of this Act, the judge possesses 
all such powers for compelling the attendance of and for the 
examination on oath of all parties, whether claiming or 
objecting or objected to, and of all other persons, and for the 
production of books, papers, rolls and documents, and for 
the enforcement of his orders, decisions and judgments, as 
belong to or might be exercised by him in the county court. 



Appeal to 
county judge 
where 
question 
of fact 
involved 



(2) The hearing of the appeal by the county judge shall, 
where questions of fact are involved, be in the nature of a 
new trial, and either party may adduce further evidence 
in addition to that heard before the Assessment Review Court, 
subject to any order as to costs or adjournment that the 
judge may consider just. R.S.O. 1970, c. 32, s. 57. 



^^^cee°din s '^^' ^^^ process or other proceedings by way of appeal 
may be entitled as follows: 

In the Matter of Appeal from the Assessment Review Court in respect 
of the of 

Appellant, 

and 

, Respondent, 

and they need not be otherwise entitled. R.S.O. 1970, c. 32, 
s. 58. 



Sec. 47 (5) ASSESSMENT Chap. 31 225 

46. — (1) The decision of the judge shall be forwarded by Alteration 

1 .,. iiiri •'oi roll by 

the regional registrar to the clerk of the municipality who cierk 
shall forthwith alter the assessment roll in accordance 
with the decisions of the judge, and shall write his name or 
initials against every alteration. 

(2) When the judge has heard and decided an appeal, J°"*^® of 
the regional registrar shall, forthwith after receipt of the 
record of the decision from the clerk of the court, cause 
notice of the decision in such appeal to be given by registered 
mail to the persons to whom notice of the hearing was 
given and such notice shall state thereon that such decision 
may be appealed to the Ontario Municipal Board within 
twenty-one days of the mailing of such notice. R.S.O. 
1970, c. 32, s. 62. 

47. — (1) The municipal corporation, a school board, the o§J®b^^ *^° 
assessment commissioner, any person assessed and any person 
who has filed a complaint under subsection 39 (2) may appeal from 
the decision of the county judge to the Ontario Municipal 
Board. R.S.O. 1970, c. 32, s. 63 (1). 

(2) An appeal also lies to the Ontario Municipal Board Appeal 
from a decision of the county judge under section 32 or 33. ss. 32, 33 
1972, c. 125, s. 17; 1974, c. 41, s. 19 (1). 



(3) Where an assessment is in an amount of $50,000 or^^®^^^*^° 
more or has been increased by the Assessment Review Court 
to an amount of $50,000 or more and where no appeal is 
taken to the county judge, an appeal also lies to the Ontario 
Municipal Board from a decision of the Assessment Review 
Court in the same manner as an appeal under subsection (1) 
or (2). R.S.O. 1970, c. 32, s. 63 (3). 



(4) Except as provided in subsections (5) and (7), sections 42 J''°iYcabfe 
to 45 and section 48 apply to appeals taken under sub- to appeals, 
section (1) or (2), and on such appeals the Ontario Municipal 8°m.b. 
Board has the powers and duties of a county judge under 

such sections. R.S.O. 1970, c. 32, s. 63(4); 1974, c. 41, 
s. 19 (2). 

(5) A notice of appeal to the Ontario Municipal Board JJ'^^e of 
under subsection (1) or (2) shall, within twenty-one days after 
notice of the decision appealed from has been given under 
subsection 46 (2), be sent by the party appealing by registered mail 

to the secretary of the Board and to the persons to whom notice of 
the hearing before the judge was given. 



226 



Chap. 31 



ASSESSMENT 



Sec. 47 (6) 



Notice of 
appeal 
under 
subs. (3) 



(6) A notice of appeal to the Ontario Municipal Board 
under subsection (3) shall, within twenty-one days after 
notice of the decision appealed from has been given under 
subsection 39 (13), be sent by the party appealing by registered 
mail to the secretary of the Board and to the persons to whom 
notice of the hearing before the Assessment Review Court was 
given. 



Notice of 
hearing 



(7) Upon receipt of a notice of appeal under this section, 
the secretary of the Ontario Municipal Board shall arrange 
a time and place for hearing the appeal and shall send 
notice thereof by registered mail to all parties concerned 
in the appeal at least fourteen days before the hearing. 



Appeal from 
O.M.B. to 
Divisional 
Court in 
certain 
matters 



(8) An appeal lies from the decision of the Ontario 
Municipal Board under this section to the Divisional Court upon 
all questions of law or the construction of a statute, a municipal 
by-law, any agreement in writing to which the municipality con- 
cerned is a party, or any order of the Board. 



Procedure 
on appeals 



(9) The practice and procedure on the appeal to the Divisional 
Court shall be the^same with necessary modifications, subject to 
any rule of the court or regulation of the Ontario Municipal Board, 
as upon an appeal from a county court to the Court of Appeal. 



Alteration 
in roll as 
result of 
appeal from 
O.M.B. 



(10) If, by the decision of the Ontario Municipal Board 
or by the judgment of the Divisional Court, it appears 
that any alteration should be made in the assessment roll 
respecting the assessment in question, the clerk of the munici- 
pality concerned shall alter the assessment roll to give 
effect to the decision or judgment and shall write his name 
or initials against every alteration. R.S.O. 1970, c. 32, s. 63 
(5-10). 



Assessment 
maybe 
open upon 
appeal 



48. — (1) Upon, an appeal on any ground against an 
assessment, the Assessment Review Court, county judge or 
Ontario Municipal Board hearing an appeal under section 43, 
or the Divisional Court, as the case may be, may reopen 
the whole question of the assessment so that omissions from, 
or errors in the assessment roll may be corrected, and the 
amount for which the assessment should be made, and the 
person or persons who should be assessed therefor may be 
placed upon the roll, and if necessary the roll of the munici- 
pality, even if returned as finally revised, may be opened 
so as to make it correct in accordance with the findings 
made on appeal. R.S.O. 1970, c. 32, s. 64 (1). 



Sec. 50 (2) ASSESSMENT Chap. 31 227 

(2) In determining the value at which any land shall be^^f^j^^ 
assessed, reference may be had to the value at which similar jands in 
lands in the vicinity are assessed. R.S.O. 1970, c. 32, s. 64 (2) ; ^ ^ 
1974, c. 41, s. 20. 



49. — (1) Upon a complaint or appeal with respect to an f|i°^t"^°of 
assessment, the Assessment Review Court, county judge or Assessment 
Ontario Municipal Board may review the assessment and, for court, 
the purpose of such review, has all the powers and j^udge,^ 
functions of the assessor in making an assessment, determina- °**® 
tion or decision under this Act, and any such assessment, 
determination or decision made on review by the Assess- 
ment Review Court, county judge or Ontario Municipal Board 
shall, except as provided in subsection (2), be deemed to be an 
assessment, determination or decision of the assessor and has 
the same force and effect. 

(2) A decision of the Assessment Review Court, county ^^^^s^°°^j^ 
judge or Ontario Municipal Board with regard to persons etc.. flnai 
alleged to be wrongfully placed upon or omitted from the 
assessment roll or assessed at too high or too low a sum is 
final and binding unless appealed in accordance with the 
provisions of this Act. 



(3) For greater certainty, it is hereby declared that the P^^^^^°^^f 
provisions of sections 39, 42 and 47 respecting appeals are re appeals 
intended to establish machinery for the review of an assess- 
ment for the purpose of ensuring the administrative integrity 
of the assessment roll, and, except as provided in sub- 
section (2), such provisions shall not be deemed to affect 
the right of any person to apply to a superior, county or 
district court for a judicial determination of any question 
relating to an assessment. R.S.O. 1970, c. 32, s. 65. 



50. — (1) The municipal corporation, assessment com- Apph^^t^on 
missioner or any person assessed may apply by originating origrinating 
notice to the Supreme Court or to the county court of the 
county in which the assessment is made for the determina- 
tion of any question relating to the assessment, except a 
question as to persons alleged to be wrongfully placed 
upon or omitted from the assessment roll or assessed at too 
high or too low a sum. 

(2) The persons to be served with notice under thisS^^^eof 
section shall be the persons assessed in respect of the property 
relating to the assessment, the assessment commissioner and 
the clerk of the municipality affected by the assessment. 



228 



Chap. 31 



ASSESSMENT 



Sec. SO (3) 



Time for 
notice 



(3) No originating notice shall be commenced except 
within the times for commencing an action or other proceeding 
set forth in section 5 1 . 



Appeal to 

Divisional 

Court 



(4) An appeal lies to the Divisional Court from the judgment of 
the Supreme Court or from the judgment of the county court. 



Final 

revision of 
roll not to 
be delayed, 
alteration 
of roll on 
Divisional 
Court 
judgment 



(5) The appeal from any judgment made by the Supreme 
Court or by a county court on an originating notice given 
under this section or the hearing or argument' or other 
proceedings thereon shall not delay the final revision of the 
assessment roll, but, if by the judgment of the Divisional 
Court it appears that any alteration should be made in the 
assessment roll respecting the assessment in question, the 
clerk of the municipality shall cause the proper entries to be 
made in the assessment roll to give effect to the judgment 
on the originating notice or on appeal therefrom. 



Judgment 
of court 
binding on 
Assessment 
Review 
Court, etc. 



(6) Notwithstanding that a question of the assessment of 
any person is pending before the Assessment Review Court, 
a judge of the county court or the Ontario Municipal Board, 
the judgment of the Supreme Court, the county court or 
the Divisional Court shall be given effect to and is binding 
upon the Assessment Review Court, the judge of the county 
court and the Ontario Municipal Board. R.S.O. 1970, c. 32, 
s. 66. 



Limitation 51, Nq action or Other proceeding, except an action or 
in court other proceeding brought by or on behalf of a municipality 

for the collection of arrears of taxes, shall be brought in 
court with respect to an assessment or taxes based thereon, 

(a) except within sixty days after the day upon which 
the assessment roll is required by law to be returned, 
or within sixty days after the return of the roll, 
in case the roll is not returned within the time 
fixed for that purpose ; 

(6) where a complaint with respect to the assessment 
is made to the Assessment Review Court, except 
within the time limited for appealing from the 
decision of the Assessment Review Court to the county 
court judge; 



(c) where an appeal is made from the decision of the 
Assessment Review Court to the county court judge, 
except within the time limited for appealing from 



Sec. 55 (2) ASSESSMENT Chap. 31 229 

the decision of the county court judge to the 
Ontario Municipal Board ; and 

(d) where an appeal is made from the decision of the 
county court judge to the Ontario Municipal Board, 
except within fifteen days after the date of the 
decision of the Ontario Municipal Board, 

provided, where an appeal is made to the Divisional Court, 
no action or other proceeding shall be brought in any other 
court with respect to the assessment. R.S.O. 1970, c. 32, s. 67. 

52. Where anv part of an assessment is declared invalid Alteration 

of roll as 

or in error by the Supreme Court or a county court, the result of 
whole assessment is not thereby invalidated and the court 
may direct that the assessment roll be altered in accordance 
with its judgment and the clerk of the municipality con- 
cerned shall so alter the roll and shall write his name or 
initials against every alteration. R.S.O. 1970, c. 32, s. 68. 

oi?. Xo matter that could have been raised by wav of pefence 

1 • 1 A T-. • /- • ■ limited in 

complaint to the Assessment Review Court or in an action actions to 

collccti 

or other proceeding with respect to an assessment in a court taxes, etc. 
within the times limited for bringing such complaint, action 
or other proceeding under this Act shall be raised by way 
of defence in any action or other proceeding brought by or 
on behalf of a municipality. R.S.O. 1970, c. 32, s. 69. 

54. Where the assessment of any real property is altered ^^g^g^^°°^ 
on an appeal or in an action, any business assessment roii on 
based on the assessed value of such real property shall be of real 

. . DroDcrtv 

altered in the assessment roll by the clerk of the municipality assessment 
to conform with the altered real property assessment. R.S.O. 
1970, c. 32. s. 70; 1974, c. 41, s. 21. 

55. — (1) The Ministry shall examine the amounts of the Equalized 

£LSSGSSni6Ilu 

assessments of rateable property in each municipality and determi- 
locality on the last returned assessment roll of each munici- 
pality and locality and determine as nearly as may be 
what the total of the amounts of the assessment of such 
rateable property should be so that costs may be apportioned 
and grants provided on a basis which is just and equitable 
as between municipalities and localities. R.S.O. 1970, c. 32, 
s. 71 (1); 1972, c. 1, s. 1; 1980, c. 69, s. 3. 

(2) The amount so determined under subsection (1) is the fg^g'^^^^^'^nt 
equalized assessment of each municipality and locality ^"<^ I^J^ii^ation 
the equalization factor of a municipality or locality is the factor 
percentage that the total of the amounts of the assess- 
ments of rateable property of a municipality or locality 
is of the equalized assessment of the municipality or 



230 



Chap. 31 



ASSESSMENT 



Sec. 55 (2) 



locality, but neither the equalized assessment nor equali- 
zation factor of a municipality or locality shall be taken 
into account in the assessment of any land except as 
provided in this or any other Act. 



Publication 



(3) The equalized assessment and equalization factor of 
each municipality and locality shall be published in The 
Ontario Gazette in each year not later than the 15th day 
of July. R.S.O. 1970. c. 32, s. 71 (2, 3). 



Review 



(4) On or before the 1st day of November in the 
year of publication under subsection (3), a municipality 
or locality may apply to the Ontario Municipal Board for 
a review of its equalized assessment and equalization factor 
and the Ministry may apply for a review of the equalized 
assessment and equalization factor of any municipality or 
locality and the applicant shall give notice in writing by 
registered mail to the secretary of the Board. R.S.O. 1970, 
c. 32, s. 71 (4); 1972, c. 1, s. 1. 



Hearing (5) Upon receipt of a notice of application for review 

under this section, the secretary of the Ontario Municipal 
Board shall arrange a time and place for hearing the 
application and shall send notice thereof by registered mail 
to the Ministry and to the clerk of the municipality or 
the secretary of each school board in the locality con- 
cerned at least fourteen days before the hearing. R.S.O. 
1970, c. 32, s. 71 (5); 1972, c. 1, s. 1. 



Powers of 
O.M.B. 



(6) If the equalized assessment and equalization factor 
under review are not just and equitable, the Ontario 
Municipal Board, upon the hearing of the application, 
shall determine a just and equitable equalized assessment 
and equalization factor. 



Appeal (7) Subsections 47 (8) and (9) apply with necessary modifica- 

tions to an application under this section. 



Effect of 
appeal 



(8) The decision of the Ontario Municipal Board or the 
judgment of the Divisional Court on an application under 
this section does not affect the equalized assessment and 
equalization factor of a municipality or locality, as deter- 
mined under subsection (1) or (2), for the purposes of any 
provision of any Act where equalized assessments or equaliz- 
ation factors are used in any determination and an appeal 
therefrom or a review thereof is provided. R.S.O. 1970, 
c. 32, s. 71 (6-8). 



Sec. 59 ASSESSMENT Chap. 31 231 

56. Where at any time the boundaries of a municipalitv Adjustment 

01 6QU&liZ6(l 

or locality are altered or a new municipality is erected, assessment 
the Ontario Municipal Board shall adjust the equalized 
assessment determined under section 55 of the municipalities 
affected. R.S.O. 1970, c. 32, s. 74. 

57. — (1) Every assessment commissioner or assessor or Disclosure of 
any person in the employ of a municipality who in the 
course of his duties acquires or has access to information 
furnished by any person under section 9 or 10 that relates 
in any way to the determination of the value of any real 
property or the amount of assessment thereof or to the 
determination of the amount of any business assessment, 
and who wilfully discloses or permits to be disclosed any 
such information not required to be entered on the assess- 
ment roll to any other person not likewise entitled in the 
course of his duties to acquire or have access to the infor- 
mation, is guilty of an offence and on conviction is liable to a fine 
of not more than $200, or to imprisonment for a term of not more 
than six months, or to both. 

(2) This section does not prevent disclosure of such^°®P"°° 
information by any person when being examined as a witness 
in an assessment appeal or in an action or other proceeding 
in a court or in an arbitration. R.S.O. 1970, c. 32, s. 78. 

58. In addition to the penalties and punishments pro-R^Khtof 
vided for by this Act for a contravention of the provisions daniagres 
thereof, the person guilty of such contravention is liable officer 
to every person who is thereby injured for the damages 
sustained by such person by reason of such contravention. 
R.S.O. 1970, c. 32, s. 79. 

59. This Act does not affect the terms of any agreement agreements' 
made with a municipal corporation, or any by-law heretofore ^^ing^^^^^ 
or hereafter passed bv a municipal council under any other or granting 

/-•,! j^ r J. t exemption 

Act for fixing the assessment of any property, or tor com- from 
muting or otherwise relating to municipal taxation, but affected" °° 
whenever in any Act of the Legislature or by any proclama- 
tion of the Lieutenant Governor in Council or by any valid 
by-law of a municipality heretofore passed or by any valid 
agreement heretofore entered into the assessment of the real 
and personal property of any person in a municipality is 
fixed at a certain amount for a period of years, unexpired 
at the time of the coming into force of this Act, or the 
taxes payable annually by any person in respect of the real 
and personal property are fixed at a stated amount during 
any such period, or the real and personal property of any 
person or any part thereof is exempt from municipal taxa- 
tion in whole or in part for any such period, such fixed 



232 



Chap. 31 



ASSESSMENT 



Sec. 59 



assessment or commutation of taxes or exemption shall be 
deemed to include any business assessment or other assess- 
ment and any taxes thereon in respect of the property or 
business mentioned in such Act, proclamation, by-law or 
agreement to which such person or the property of such 
person would otherwise be liable under this Act. R.S.O. 
1970,c. 32,s. 80. 



Computation 
of time for 
proceedings 
where time 
limited 
expires on 
Saturday 



60. Where the municipal offices in a municipality are 
closed on Saturday and the time limited for any proceeding 
or for the doing of any things in such municipal offices 
under this Act expires or falls upon a Saturday, the time 
so limited shall extend to and the thing may be done on the 
day next following that is not a holiday. R.S.O. 1970, c. 32, 
s. 81. 



References 
to court of 
revision in 
other Acts 
R.S.O. 1980, 
cc. 250, 126 



61. — (1) Where in any general or special Act, except 
the Local Improvement Act and the Drainage Act, reference 
is made to a court of revision, such reference shall be deemed 
to be a reference to the Assessment Review Court established 
under this Act. 



Provisions 
authorizing 
courts of 
revision in 
other Acts 
repealed 



(2) Notwithstanding any general or special Act, any 
provision in any Act, except the Local Improvement Act and 
the Drainage Act, as to the constitution of a court of 
revision is repealed. R.S.O. 1970, c. 32, s. 83. 



Assessment 
roll for 
years 
1970-74 



62. Subject to the alterations, amendments and correc- 
tions authorized by this Act, for the purposes of any general 
or special Act, the assessment roll of every municipality 
prepared for the year 1970 for taxation in 1971 shall be the 
assessment roll of the municipality for taxation in the years 
1971 to and including 1974 and the assessments of all real 
property as set forth on the 1970 assessment roll shall be the 
assessments of the real property and the assessment com- 
missioner of a municipality shall not cause to be prepared a 
new assessment roll for the municipality until the year 1974 
for taxation in 1975. 1971, c. 79, s. 13, part; 1974, c. 41. 
s. 24. 



Roll to be 63. — (1) Subject to the other provisions of this Act and 

[n 1974 and to the alterations, corrections, additions and amendments 
following authorized by this Act, and for the purpose of any special or 
general Act, 



years 



{a) the assessment roll of a municipality to be returned 
in the year 1974 shall be the assessment of all real 
property as set forth in the assessment roll returned 
for the year 1970 for taxation in the year 1971 as 



Sec. 63 (1) ig) ASSESSMENT Chap. 31 233 

amended, added to or otherwise altered up to the 
third Tuesday following the 1st day of December, 
1974; 

(6) the assessment roll of a municipality to be returned 
in the year 1975 shall be the assessment of all real 
property as set forth in the assessment roll returned 
for the year 1974 for taxation in the year 1975 as 
amended, added to or otherwise altered up to the 
third Tuesday following the 1st day of December, 
1975; 

(f) the assessment roll of a municipality to be returned 
in the year 1976 shall be the assessment of all real 
property as set forth in the assessment roll returned 
for the year 1975 for taxation in the year 1976 as 
amended, added to or otherwise altered up to the 
third Tuesday following the 1st day of December, 
1976; 

(d) subject to subsection (2), the assessment roll of a 
municipality to be returned in the year 1977 shall 
be the assessment of all real property as set forth 
in the assessment roll returned for the year 1976 
for taxation in the year 1977 as amended, added 
to or otherwise altered up to the third Tuesday 
following the 1st day of December, 1977; 

{e) subject to subsection (2), the assessment roll of a 
municipahty to be returned in the year 1978 shall 
be the assessment of all real property as set forth 
in the assessment roll returned for the year 1977 
for taxation in the year 1978 as amended, added to 
or otherwise altered up to the third Tuesday follow- 
ing the 1st day of December, 1978; 

(/■) subject to subsection (2), the assessment roll of a munici- 
pality to be returned in the year 1979 shall be the assess- 
ment of all real property as set forth in the assessment 
roll returned for the year 1978 for taxation in the year 

1979 as amended, added to or otherwise altered up to the 
date when the assessment roll for taxation in the year 

1980 is returned; and 

ig) subject to subsection (2), the assessment roll of a munici- 
pality to be returned in the year 1980 shall be the assess- 
ment of all real property as set forth in the assessment 
roll returned for the year 1979 for taxation in the year 

1980 as amended, added to or otherwise altered up to the 
date when the assessment roll for taxation in the year 

1981 is returned, 



234 Chap. 31 assessment Sec. 63 (1) 

provided that, where the assessor is of the opinion that an assess- 
ment to be shown on the assessment roll to be returned for the 
years 1974 to and including 1980 is inequitable with respect to the 
assessment of similar real property in the vicinity, the assessor 
may alter the value of the assessment to the extent necessary to 
make the assessment equitable with the assessment of such similar 
real property. 1976, c. 65, s. 1; 1977, c. 56, s. 1 {a, b)\ 1978, 
c. 73, s. 1; 1979, c. 88, s. 2 (1); 1980, c. 69, s. 4. 

increasesin (2) Where the erection, alteration, enlargement or improve- 
addedto ment of any building, structure, machinery, equipment or 
roll fixture or any portion thereof increases the value of any 

real property in a municipality or locality by at least $2,500, 
and where such increase in value has not been, or is not 
liable to be, assessed pursuant to section 2>2>, such increase 
in value shall be assessed and included in the assessment roll 
to be returned in the municipality or locality next after 
such increase comes to the attention of, and the amount 
thereof has been determined by, the Assessment Commissioner. 
1977, c. 56, s. 1 {d). 

Equalization of (3) Where the Minister considers that, within any class or 

assessment , ri j. • --i-i i i 

within a classes 01 real property m a municipality, any parcel or parcels 

municipality of real property are assessed inequitably with respect to the 
assessment of any other parcel or parcels of real property of that 
class, he may, if so requested by a resolution of the council of such 
municipality, direct that such changes be made in the assessment 
to be contained in the assessment roll next to be returned in that 
municipality as will, in his opinion, eliminate or reduce 
inequalities in the assessment of any class or classes of real prop- 
erty, and the Minister may, for that purpose, make regulations, 

(a) prescribing standards and procedures to be used for the 
purpose of equalizing and making equitable the assess- 
ments of all real property belonging to the same class in 
the municipality; 

{h) prescribing the classes of real property into which the 
real property in the municipality shall be divided for the 
purpose of this subsection; 

(c) providing that any equalization of assessment pursuant 
to clause (a) shall not alter, as between classes of real 
property in the municipality, the relative level of 
assessment at market value previously existing between 
or among such classes, or providing that the equalization 
shall alter such levels of assessment at market value no 
more than is reasonably necessary to provide equitabil- 
ity of assessment within each class; or 



Sec. 67 ASSESSMENT Chap. 31 235 

id) providing that an equalization pursuant to clause (a) 
shall not, except so far as is necessary to give effect to sec- 
tion 33, section 64 or subsection (2) of this section, alter 
the proportion that the municipal tax attributable to a 
class of real property for the year in which the equaliza- 
tion is directed to be made is of the total municipal tax for 
that year. 1979, c. 88, s. 2 (2). 

64. No amendment shall be made to the assessment or No amendment 
collector's roll pursuant to clause 33 (a) until the increase at 
cumulative value of the increase since the 23rd day of July, ^*^^ ' 
1971, is at least in the sum of $2,500 at market value or, 
if the assessment in the vicinity is at less than market value, 
at an equivalent rate. 1974, c. 41, s. 26. 

65. — (1) The Assessment Review Court, county judge. Powers 
Ontario Municipal Board or any court, in determining the 
value at which any real property shall be assessed in any com- 
plaint, appeal, proceeding or action, shall have reference to the 
value at which similar real property in the vicinity is assessed, 
and the amount of any assessment of real property shall 
not be altered unless the Assessment Review Court, judge. 
Board or court is satisfied that the assessment is inequitable 
with respect to the assessment of similar real property in the 
vicinity, and in that event the assessment of the real 
property shall not be altered to any greater extent than is 
necessary to make the assessment equitable with the assess- 
ment of such similar real property. 1971, c. 79, s. 13, part. 

(2) For the purposes of subsection (1) and of section 63, Con- 
where a residential assessment is made with respect to a unit, and^'co"'" 
as defined in the Condominium Act, a proposed unit, as operative 

housing 

defined in that. Act, or a unit or suite in the building of a j^ § q j^gQ 
co-operative housing corporation, the value at which such c 84 
unit, proposed unit or suite shall be assessed shall be based 
on the same proportion of the market value thereof as that 
at which owner-occupied single-family residences in the 
vicinity are assessed. 1975 (2nd Sess.), c. 2, s. 2. 

66. Notwithstanding section 51, a proceeding or action Time for 

£LColOIl OF 

may be brought m a court pursuant to section 50 or 51 at proceeding 
any time but the court may only alter an assessment to 
affect taxes fixed, levied and payable with respect to such 
assessment in the year in which the action or proceeding is 
commenced and any subsequent year. 1971, c. 79, s. 13, part. 

67. No assessment taken in any municipality under sub- ^enerljiy"*^^ 
section 35 (1) or (2) in the year 1971 shall be used for madeinwi 
purposes of taxation and no appeal, complaint, action or ^°^^^^ 
proceeding shall lie, be brought, maintained or continued 

with respect to any such assessment. 1971, c. 79, s. 13, part. 



236 



Chap. 31 



ASSESSMENT 



Sec. 68 



AppiicaUpn gg. Section 65 ceases to be in force on the 22nd day of 

December, 1981, but shall continue in force for the purpose of any 
pending complaint, appeal, proceeding or action that will affect 
taxes for the years 1971 to and including 1981. 1980, c. 69, s. S. 

AppijcaUon 69. Subject to section 70, subsection 24 (6) is not in force and 

remains inoperative until the 1st day of January, 1981. 1980, 
c. 69, s. 6. 



Proclaiming 
suspension 
of ss. 62-67 



70. — (1) Notwithstanding any other provision of this 
Act, the Lieutenant Governor by proclamation may pro- 
vide that, on a day named in the proclamation, the whole 
or any part of the provisions of sections 62 to 67 shall 
cease to be in force in any municipality or territory without 
municipal organization comprised in a locality named or 
described in the proclamation, and upon the making of such 
a proclamation the provisions of this Act specified in the 
proclamation cease to be in force in the municipality or 
territory without municipal organization comprised in a 
locality named or described as of the date named in the 
proclamation, but such a proclamation shall not extend 
the application of any provision therein mentioned beyond 
the time that the provision would otherwise cease to be in 
force as set out in section 68. 1972, c. 161, s. 2, part; 1977, 
c. 56, s. 4 (1). 



Proclaiming 
certain 
provisions 
in force 



Assessment 
roll to be 
returned 



(2) The Lieutenant Governor by proclamation may name 
a day upon which the provisions of this Act referred to in 
section 69 shall cease to be inoperative and shall come into force in 
any municipality or territory without municipal organization 
comprised in a locality named or described in the proclamation, 
and upon the making of the proclamation such provisions shall 
cease to be inoperative and shall come into force in the named or 
described municipality or territory without municipal organiza- 
tion comprised in a locality upon the day named in the proclama- 
tion. 1972, c. 161, s. 2, part; 1975 (2nd Sess.), c. 2, s. 3 (1); 1979, 
c. 88, s. 5; 1980, c. 69, s. 7. 

(3) In any proclamation made under this section, the 
Lieutenant Governor may also name a day, not less than 
one month after the date in the proclamation specified as 
the date when it takes effect in any municipality or territory 
without municipal organization comprised in a locality, 
upon which the assessment commissioner for the assessment 
region within which any municipality or territory without 
municipal organization comprised in a locality named or 
described in the proclamation is situated shall return a 
new assessment roll for the assessment at market value of real 
property in any municipality or territory without municipal 
organization comprised in a locality named or described in 



Sec. 70 (6) ASSESSMENT Chap. 31 237 

the proclamation, and the assessment commissioner shall 
return a new assessment roll for such municipality or territory 
without municipal organization comprised in a locality in 
accordance with the provisions of this Act that will be in 
force in that municipality or territory without municipal 
organization comprised in a locality on the day that the new 
assessment roll is returned. 1972, c. 161, s. 2, part. 

(4) Notwithstanding any special or general Act to the'^^^t^o^e 
contrary, where a proclamation is made under this section of °ew 

CL886SSin6Tlti 

in which a day is named for the return of a new assessment rou 
roll in a municipality described in the proclamation, any 
municipal or school tax to be levied and raised in the year 
in which such named day occurs by the council of such 
municipality under the authority of the Municipal Act, and RS.o, i98o, 
any taxes and rates that, by any other enactment, the "^ 
council of such municipality may be required to levy and 
collect in the year in which such named day occurs, and 
any mill rate to be determined in such municipality for the 
year in which such named day occurs for the purpose of 
taxation in that year shall be based on the value of property 
contained in the new assessment roll returned in such munici- 
pality in accordance with subsection (3). 1972, c. 161, s. 2, 
part\ 1973, c. 148, s. 5 (1). 

(5) Not,withstanding section 365 of the Municipal Act, mentof°°" 
where a proclamation is made under this section in which county rate 
a day is named for the return of a new assessment roll in 

a township, town or village described in the proclamation, 
the council of the county in which such township, town or 
village is situated may by by-law passed before the 1st day 
of December in the year in which such named day occurs 
determine to apportion the county rate for such year by 
taking into consideration and making adjustment for any 
change in assessment that has resulted from the return of a 
new assessment roll in accordance with subsection (3) in any 
township, town or village situated in the county, and except 
in so far as they are inconsistent with this section, the 
provisions of section 365 of the Municipal Act apply to the 
apportionment of the county rate for such year, and within 
ten days of the passing of a by-law under this subsection, 
the county clerk shall send a copy of such by-law by regis- 
tered mail to the clerk of each municipality situated within 
the boundaries of the county. 1972, c. 161, s. 2, part; 1973, 
c. 148, s. 5(2); 1977, c. 56, s. 4 (3). 

(6) Notwithstanding any special or. general Act to the onbasis^ 
contrary, where a proclamation is made under this section of new 

*^ X fliSS 6881X16 Dij 

in which a day is named for the return of a new assessment rou 
roll in a territory without municipal organization comprised 



238 



Chap. 31 



ASSESSMENT 



Sec. 70 (6) 



in a locality described in the proclamation, any taxes for 
school purposes that a public school board, divisional board 
of education or separate school board levies in the year 
in which such named day occurs in the territory without 
municipal organization comprised in a locality, and any mill 
rate to be determined in such territory without municipal 
organization comprised in a locality for taxation for school 
purposes in that year, shall be based on the value of property 
contained in the new assessment roll returned in such 
territory without municipal organization comprised in a locality 
in accordance with subsection (3). 1972, c. 161, s. 2, part\ 
1973, c. 148, s. 5 (3). 



Return 
of second 
roll not 
prevented 



(7) For the purposes of providing, in any municipality or 
territory without municipal organization comprised in a 
locality, an assessment roll for taxation in the year following 
that in which a new assessment roll is returned in such 
municipality or territory without municipal organization 
comprised in a locality on a day named in a proclamation 
made under this section, nothing contained in this section 
shall be construed to prevent the return, in the year in 
which such new assessment roll has been returned, in such 
municipality or territory without municipal organization 
comprised in a locality of a second assessment roll in accord- 
ance with the provisions of this Act that will be in force in 
such municipality or territory without municipal organization 
comprised in a locality after the proclamation comes into 
force. 1975 (2nd Sess.), c. 2, s. 3 (2). 



Proclamation 

may be for 

part of a 

municipality 

or 

unorganized 

territory 



(8) A proclamation under this section may be made for 
part only of a municipality or of territory without municipal 
organization comprised in a locality, and where a day is 
named in such proclamation for the return of a new assess- 
ment roll in accordance with subsection (3), the new assessment 
roll shall be returned for only the real property situated in 
that part of the municipality or territory without municipal 
organization comprised in a locality that is described in the 
proclamation. 1972, c. 161, s. 2, part. 



Form 1 ASSESSMENT Chap. 31 239 

FORM 1 

(Section 38) 

Affidavit or Affirmation of Assessment Commissioner 
IN Verification of Assessment Roll 

I, of the 

make oath and say (or solemnly declare and 



affirm) as follows: 

1. I have, according to the best of my information and belief, set down or caused to be 
set down in the assessment roll attached hereto all the real property liable to taxation 

situate in ; and I have justly 

and truly assessed or caused to be assessed in accordance with the Assessment Act, each 
of the parcels of real property so set down and, according to the best of my information 
and belief, I have entered or caused to be entered the names of all owners or tenants 
assessable in respect of each such parcel. 

2. I have estimated and set down or caused to be estimated and set down in the 
assessment roll, according to the best of my information and belief, the amounts 
assessable against every person named in the roll for business or otherwise under such Act. 

3. According to the best of my knowledge and belief, I have entered or caused to be 
entered therein the name of every person entitled to be so entered under the Assessment Act, 
or any other Act ; and I have not intentionally omitted or caused to be omitted from the 
roll the name of any person whom I knew or had good reason to believe to be entitled to 
be entered therein under any of such Acts. 

4. I have entered or caused to be entered on the roll the date of delivery or trans- 
mission of the notice required by section 30 of the Assessment Act, and every such date is 
truly and correctly stated in the roll. 



A certificate has been made and attached to the assessment roll certifying the date 
upon which the notices of Assessment were delivered as required by section 30 of the 

Assessment Act. 

[Strike out that which does not apply) 

5. I have, according to the best of my information and belief, complied with or caused 
to be complied with all the provisions of the Assessment Act, or of any regulation, with 
regard to the preparation of the assessment roll. 

Sworn [or solemnly declared and affirmed) 

before me 

at the 

in the 

of 

this 

day of 

19.... 

R.S.O. 1970, c. 32, Form 1 ; 1972, c. 125, s. 21. 



Sec. 7 ASSESSMENT REVIEW COURT Chap. 32 241 

CHAPTER 32 
Assessment Review Court Act 



1. In this Act, interpre- 

tation 

{a) "Court" means the Assessment Review Court; 

(b) "municipality" means a city, town, village or 
township. 1972, c. Ill, s. 1. 

2. The Assessment Review Court is hereby continued. r|^|^J^°* * 

1972, C. Ill, S. 2. continued 

3. The Court shall be composed of a chairman and such composition 
number of vice-chairmen and other members as the Lieutenant 
Governor in Council considers advisable, all of whom shall be 
appointed by the Lieutenant Governor in Council. 1972, 

c. 111. s. 3. 



4. — (1) The Public Service Act, except sections 4 and 6, .Application 
)plies to the 
full-time basis. 



applies to the members of the Court who are employed on a r so. i980. 



(2) The Public Service Superannuation Act applies to the Ypiication 
members of the Court who are employed on a full-time basis, r.s.o. iqso, 
1972, c. Ill, s. 4. "^^^ 

5. One member of the Court constitutes a quorum and is Quorum 
sufficient for the exercise of all of the jurisdiction and powers of 
the Court. 1972. c. 111. s. 5. 



6. The chairman or a vice-chairman shall from time to Assignment 

of members 

time assign the members of the Court to its various sittings and staff 
and may change any such assignments at any time and the 
chairman or a vice-chairman may from time to time direct 
any officer or other member of the staff of the Court to 
attend any of the sittings of the Court and may prescribe 
his duties. 1972, c. HI, s. 6. 

7. Every member of the Court before entering upon his °*^^^|j.g 
duties shall take and subscribe the following oath (or of court 
affirmation in cases where, by law, affirmation is allowed) : 



242 



Chap. 32 



ASSESSMENT REVIEW COURT 



Sec. 7 



"I, do solemnly swear (or affirm) that I will, 

to the best of my judgment and ability, and without fear, favour or 
partiality, honestly decide the appeals to the Assessment Review 
Court that may be brought before me for trial as a member of the 
Court." 

1972, c. lll,s. 7. 



Rules 



8. Subject to the approval of the Lieutenant Governor 
in Council, the Court shall make rules governing its practice 
and procedure and the exercise of its powers. 1972, c. Ill, 
s. 9. 



sittings 
of Court 



R.S.O. 1980, 
c. 31 



9. The Court shall hold sittings at such place or places 
within a county or district or a metropolitan or regional 
or district municipality as the chairman from time to time 
may designate for the purpose of hearing and deciding all 
complaints relating to assessments in municipalities within 
the county or district or the metropolitan or regional or 
district municipality in respect of which a person may appeal 
to' the Court under the Assessment Act or any other Act. 
1973, c. 107, s. 2. 



re^^n^"^' ^ ^* — ^^^ ^ Registrar of the Court and such regional registrars 

registrars and Other officers and employees as are considered necessary shall 

R.S.O. 1980, be appointed under the Public Service Act. 

c. 4 18 



Acting 

regional 

registrars 



(2) In the absence for any reason of any regional registrar, 
the Attorney General may appoint an acting regional registrar 
who, while so acting, has all the powers and duties of a 
regional registrar. 1972, c. Ill, s. 11. 



Clerk of 
Court and 
record 



1 1 . There shall be a clerk of the Court for each hearing 
of the Court and the clerk shall keep a record of the pro- 
ceedings and decisions of the Court, which shall be certified 
by a member of the Court who heard the appeal and when so 
certified shall be forwarded forthwith to the regional registrar. 
1973, c. 107, s. 3. 



Mon°forCmfrt ^^* Where sittings of the Court are to be held in a 
municipality, the municipality shall provide a suitable room 
and other necessary accommodation for holding the Court. 
1972, c. HI, s. 13. 



Sec. 4 (2) ASSIGNMENTS AND PREFERENCES Chap. 33 243 

CHAPTER 33 
Assignments and Preferences Act 

1. In this Act, "judge" means a judge of the county orj^^erpre- 
district court of the county or district in which the assignment 
is required to be registered. R.S.O. 1970, c. 34, s. 1. 



2. Where a judge is disquahfied to act in a matter arising where judge 
under this Act, a judge of the county or district court of an ^®^"*^^®®** 
adjoining county or district has jurisdiction to act in his place. 
R.S.O. 1970. c. 34, s. 2. 



3. Every confession of judgment, cognovit actionem or Numtyof 
warrant of attorney to confess judgment given by a person, fessionsof 
being at the time in insolvent circumstances or unable to pay i'tc^™®"'' 
his debts in full or knowing himself to be on the eve of insolvency, 
voluntarily or by collusion with a creditor with intent thereby 
to defeat, hinder, delay or prejudice his creditors wholly or in 
part, or to give one or more of his creditors a preference over his 
other creditors or over any one or more of them, is void as 
against the creditors of the person giving the same and is 
ineffectual to support any judgment or execution. R.S.O. 
1970, c. 34, s. 3. 

4. — (1) Subject to section 5, every gift, conveyance, assign- NuHityof 
ment or transfer, delivery over or payment of goods, chattels ^rs. etc^"*^ 
or effects, or of bills, bonds, notes or securities, or of shares, ™f^^. ^'"^ 

J. . J J . intent to 

dividends, premiums or bonus in any bank, company or cor- defeat or 
poration, or of any other property, real or personal, made Creditor? 
by a jjerson at a time when he is in insolvent circumstances 
or is unable to pay his debts in full, or knows that he is on the 
eve of insolvency, with intent to defeat, hinder, delay or 
prejudice his creditors, or any one or more of them, is void as 
against the creditor or creditors injured, delayed or prejudiced. 

(2) Subject to section 5, every such gift, conveyance, assign- Hjl^ferences 
ment or transfer, delivery over or payment made by a person 
being at the time in insolvent circumstances, or unable to pay 
his debts in full, or knowing himself to be on the eve of 
insolvency, to or for a creditor with the intent to give such 
creditor an unjust preference over his other creditors or over 
any one or more of them is void as against the creditor or 
creditors injured, delayed, prejudiced or postponed. 



244 



Chap. 33 ASSIGNMENTS AND PREFERENCES 



Sec. 4 (3) 



When there 
Is presump- 
tion of 
intention if 
transaction 
has effect of 
unjust 
preference 



(3) Subject to section 5, if such a transaction with or for a 
creditor has the effect of giving that creditor a preference over 
the other creditors of the debtor or over any one or more of 
them, it shall, in and with respect to any action or proceeding 
that, within sixty days thereafter, is brought, had or taken to 
impeach or set aside such transaction, be presumed prima 
facie to have been made with the intent mentioned in subsec- 
tion (2), and to be an unjust preference within the meaning of 
this Act whether it be made voluntarily or under pressure. 



Idem 



(4) Subject to section 5, if such a transaction with or for a 
creditor has the effect of giving that creditor a preference 
over the other creditors of the debtor or over any one or more 
of them, it shall, if the debtor within sixty days after the 
transaction makes an assignment for the benefit of his creditors, 
be presumed /)nwa/aae to have been made with the intent men- 
tioned in subsection (2), and to be an unjust preference within 
the meaning of this Act whether it be made voluntarily or 
under pressure. 



"Creditor" 
for certain 
purposes to 
include 
surety and 
endorser 



(5) The word "creditor" in the fifth line of subsection (2), in 
the second line of subsection (3), and in the second line of 
subsection (4), includes any surety and the endorser of any 
promissory note or bill of exchange who would upon payment 
by him of the debt, promissory note or bill of exchange, in 
respect of which such suretyship was entered into or such 
endorsement was given, become a creditor of the person giving 
the preference within the meaning of those subsections. R.S.O. 
1970, c. 34, s. 4. 



Assignments 
for benefit of 
creditors and 
bona fide 
sales, etc., 
protected 



5. — (1) Nothing in section 4 applies to an assignment made 
to the sheriff of the county or district in which the debtor 
resides or carries on business or, with the consent of a majority 
of his creditors having claims of $100 and upwards computed 
according to section 24, to another assignee resident in Ontario, 
for the purpose of paying rateably and proportionately and 
without preference or priority all the creditors of the debtor 
their just debts, nor to any bona fide sale or payment made 
in the ordinary course of trade or calling to an innocent 
purchaser or person, nor to any payment of money to a 
creditor, nor to any bona fide conveyance, assignment, transfer 
or delivery over of any goods or property of any kind, that 
is made in consideration of a present actual bona fide payment 
in money, or by way of security for a present actual bona 
fide advance of money, or that is made in consideration of a 
present actual bona fide sale or delivery of goods or other 
property where the money paid or the goods or other property 
sold or delivered bear a fair and reasonable relative value to the 
consideration therefor. 



Sec. 6 ASSIGNMENTS AND PREFERENCES Chap. 33 245 

(2) In case of a valid sale of goods or other property and ^^^^/^Jf 
payment or transfer of the consideration or part thereof by conaidera- 
the purchaser to a creditor of the vendor under circumstances sale invalid 
that would render void such a payment or transfer by the 
debtor personally and directly, the payment or transfer, even 
though valid as respects the purchaser, is void as respects the 
creditor to whom it is made. 

(3) Every assignment for the general benefit of creditors that ^®^ment 
is not void under section 4, but is not made to the sheriff nor °°*^L^ 
to any other person with the prescribed consent of creditors, with Act 
is void as against a subsequent assignment that is in con- 
formity with this Act, and is subject in other respects to the 
provisions thereof until and unless a subsequent assignment is 
executed in accordance therewith. 

(4) Where a payment has been made that is void under this security 

^ ' r J given up 

Act and any valuable security was given up in consideration of the upon void 
payment, the creditor is entitled to have the security restored or its K returned 
value made good to him before, or as a condition of, the return of 
the payment. 

(5) Nothing in this Act. Exceptions: 

(a) affects the Wages Act or prevents a debtor providing for "^'^^^^ 
payment of wages due by him in accordance with that c. 526 
Act; 

(6) affects any payment of money to a creditor where the ^^J^-y|^ °^ 
creditor, by reason or on account of the payment, has 
lost or been deprived of, or has in good faith given up, 
any valid security that he held for the payment of 
the debt so paid unless the security is restored or its 
value made good to the creditor ; 

(c) applies to the substitution in good faith of one gecSitfe^s"^ 
security for another security for the same debt so far 
as the debtor's estate is not thereby lessened in value 
to the other creditors; or 

{d) invalidates a security given to a creditor for a pre- ^cSties 
existing debt where, by reason or on account of the to be valid 
giving of the security, an advance in money is made 
to the debtor by the creditor in the bona fide belief 
that the advance will enable the debtor to continue his 
trade or business and to pay his debts in full. R.S.O. 
1970. c. 34, s. 5. 

6. No person, other than a permanent and bona fide resi- ^^f^^ 
dent of Ontario, shall be assignee under an assignment within 



246 



Chap. 33 ASSIGNMENTS AND PREFERENCES 



Sec. 6 



this Act, nor shall any assignee delegate his duties as assignee 
to or appoint as deputy any person who is not a permanent 
and bona fide resident of Ontario, and no charge shall be made 
or recoverable against the assignor or his estate for any ser- 
vices or other expenses of any such assignee, deputy or dele- 
gate of any assignee who is not a permanent and bona fide 
resident of Ontario. R.S.O. 1970, c. 34, s. 6. 



Form of 
assignment 
for general 
benefit of 
creditors 



R.S.O. 1980, 
cc. 445, 230 



7. Every assignment made under this Act for the general 
benefit of creditors, if the property is described in the words 
"all my personal property that may be seized and sold under 
execution and all my real estate, credits and effects", or in 
words to the like effect, vests in the assignee all the real and 
personal estate, rights, property, credits and effects, whether 
vested or contingent, belonging to the assignor at the time 
of the assignment, except such as are by law exempt from 
seizure or sale under execution, subject, however, as regards 
land, to the Registry Act and the Land Titles Act. R.S.O. 
1970, c. 34, s. 7. 



All assign- 
ments for 
general 
benefit of 
creditors to 
be subject 
to this Act 



8. Every assignment for the general benefit of creditors, 
whether it is or is not expressed to be made under or in 
pursuance of this Act and whether the assignment does or does 
not include all the real and personal estate of the assignor, 
vests the estate, whether real or personal or partly real and 
partly personal, thereby assigned in the assignee therein 
named for the general benefit of creditors, and the assign- 
ment and the property thereby assigned is subject to all the 
provisions of this Act, and the same applies to the assignee 
named in such assignment. R.S.O. 1970, c. 34, s. 8. 



How claims 
are to rank 
where 
different 
estates 



9. If an assignor executing an assignment under this Act 
for the general benefit of his creditors owes debts both 
individually and as a member of a partnership or as a member 
of different partnerships, the claims rank first upon the estate 
by which the debts they represent were contracted and only 
rank upon the other or others after all the creditors of such 
other estate or estates have been paid in full. R.S.O. 1970, 
c. 34, s. 9. 



Appoint- 
ment of 
substituted 
assignee 



10.— (1) A majority in number and value of the creditors 
who have proved claims to the amount of $100 or upwards 
may substitute for the sheriff, or for an assignee under an 
assignment to which subsection 5 (3) applies, a person residing in 
the county or district in which the assignor resided or carried on 
business at the time of the assignment. 



Removal, 
substitution 
or addition 



(2) An assignee may be removed and another substituted 
or an additional assignee appointed by the judge. 



Sec. 12 (1) ASSIGNMENTS AND PREFERENCES Chap. 33 247 

(3) Where an assignee dies, a new assignee may be appointed Death of 
in the manner provided by subsection (2). 

(4) Where a new or additional assignee is appointed, the Effect on 
estate vests in him or in him jointly with his co-assignee 
without a conveyance or transfer, and he shall register a 
verified copy of the resolution of the creditors or of the order 
appointing him in the office in which the assignment was 
registered. 

(5) A verified copy of the resolution or of the order may be Registration 
registered in the proper land registry office and the registration 

thereof has the same effect as the registration of a con- 
veyance. R.S.O. 1970, c. 34, s. 10. 

11. — (1) Except as otherwise provided in this section, ^i^^ts of 

1 11 1 • • 1 r • r , assignee 

the assignee has the exclusive right of suing for the rescission 
of agreements, deeds and instruments or other transactions 
made or entered into in fraud of creditors or in violation of 
this Act. 

(2) Where a creditor desires to cause any proceeding to be^i^^tof 

... J r o creditor in 

taken that, in his opinion, would be for the benefit of the certain cases 

estate and the assignee under the authority of the creditors or refuses 

inspectors refuses or neglects to take such proceeding after 

being required so to do, the creditor has the right to obtain 

an order of the judge authorizing him to take the proceeding 

in the name of the assignee, but at his own expense and risk, 

upon such terms and conditions as to indemnity to the 

assignee as the judge prescribes, and thereupon any benefit 

derived from the proceeding, to the extent of his claim and 

full costs, belongs exclusively to the creditor instituting the 

proceeding for his benefit, but, if before such order is obtained 

the assignee signifies to the judge his readiness to institute 

the proceeding for the benefit of the creditors, the order 

shall prescribe the time within which he shall do so, and in 

that case the advantage derived from the proceeding, if 

instituted within such time, belongs to the estate. R.S.O. 

1970, c. 34, s. 11. 

12. — (1) In the case of a gift, conveyance, assignment or p°oc°ed8of 
transfer of any property, real or personal, that is invalid proi»rty 
against creditors, if the person to whom the gift, conveyance, transferred 
assignment or transfer was made has sold or disposed of, 
realized or collected the property or any part thereof, the 
money or other proceeds may be seized or recovered in an 
action by a person who would be entitled to seize and 
'ecover the property if it had remained in the possession 
or control of the debtor or of the person to whom the 
gift, conveyance, transfer, delivery or payment was made, 



248 



Chap. 33 ASSIGNMENTS AND PREFERENCES SeC. 12 (1) 



and such right to seize and recover belongs not only to an 
assignee for the general benefit of the creditors of the debtor 
but, where there is no such assignment, to all creditors of 
the debtor. 



Taking pro- 
ceeds under 
execution 



R.S.O. 1980, 
c. 10,^ 



(2) Where there is no assignment for the benefit of 
creditors and the proceeds are of such a character as to be 
seizable under execution, they may be seized under the 
execution of any creditor and are subject to the Creditors' 
Relief Act. 



Creditor 
suing on 
behalf of 
himself and 
other 
creditors 



Protection 
of innocent 
purchasers 



Assignments 
take pre- 
cedence over 
attachments, 
etc. 



(3) Where there is no assignment for the benefit of 
creditors and whether the proceeds are or are not of such a 
character as to be seizable under execution, an action may 
be brought therefor by a creditor, whether an execution 
creditor or not, on behalf of himself and all other creditors, 
or such other proceedings may be taken as are necessary to 
render the proceeds available for the general benefit of the 
creditors. 

(4) This section does not apply as against innocent 
purchasers of the property. R.S.O. 1970, c. 34, s. 12. 

13. An assignment for the general benefit of creditors 
under this Act takes precedence over attachments, garnishee 
orders, judgments, executions not completely executed by 
payment, and orders appointing receivers by way of equitable 
execution subject to the lien, if any, of an execution creditor 
for his costs where there is but one execution in the sheriff's 
hands or to the lien, if any, for the costs of the creditor 
who has the first execution in the sheriff's hands. R.S.O. 
1970, c. 34, s. 13. 



Waiver of 
claims by 
Crown 



14. Where the Crown has a claim in respect of estreated 
bail against the estate of a person who makes an assignment 
for the benefit of his creditors, the Lieutenant Governor in 
Council may waive any preference in respect of such claim that 
the Crown has against such estate by virtue of its prerogative 
right. R.S.O. 1970, c. 34, s. 14. 



Amendment 
by judge 



15. No advantage shall be obtained by any creditor by 
reason of any mistake, defect or imperfection in an assignment 
under this Act for the general benefit of creditors if the assign- 
ment can be amended or corrected, and any such mistake, 
defect or imperfection shall be amended by the judge on the 
application of the assignee or of any creditor of the assignor, 
and on such notice to other parties concerned as the judge 
thinks reasonable, and the amendment, when made, shall be 
related back to the date of the assignment, but not so as to 
prejudice the rights of innocent purchasers. R.S.O. 1970, c. 34, 
s. 15. 



Sec. 18 ASSIGNMENTS AND PREFERENCES Chap. 33 249 

16. — (1) A notice of the assignment shall, forthwith after P"*»ii8hing 
the delivery thereof to him or his assent thereto, be published assignment 
by the assignee at least once in The Ontario Gazette and not less 
than twice in a newspaper having a general circulation in the 
county or district in which the property assigned is situate. 

(2) The assignment or a copy thereof shall also, within five ^®g^^^^^^°f 
days from the execution thereof, be registered by the assignee, 
together with an affidavit of a witness thereto of the due 
execution of the assignment, in the office of the clerk of the 
county or district court of the county or district in which the 
assignor, if a resident in Ontario, resided at the time of the 
execution thereof, or if not a resident then in the office of 

the clerk of the county or district court of the county or district 
where the personal property so assigned or where the principal 
part thereof is at the time of the execution of the assignment, 
and the clerk shall number and enter the assignments and 
endorse thereon the time of receiving them, and they shall 
be open for the inspection of all persons desiring to inspect 
them. 

(3) The clerk is entitled to the same fees for services as if Fees of 
the assignment had been registered under the Personal Property ^" ^ j^^^ 
Security Act. ' c. .^75 ' 

(4) For the purposes of subsection (2), the Provisional County of Haiibiirton 
Haliburton shall be deemed part of the County of Victoria. 
R.S.O. 1970, c. 34, s. 16. 

17. — (1) If the notice is not published as provided by sec- ^®°^^ctin°'^ 
tion 16 or if the assignment is not registered within five days publication 
from the delivery thereof to the assignee or his assent thereto, registration 
the assignee is liable to a penalty of $10 for each day during 
which the default continues. 

(2) The burden of proving the time of such delivery or assent onus of 
is upon the assignee. 

(3) Where the assignment is made to a sheriff, he shall not ^^triff*^^"^ 
incur the penalty unless he has been paid or tendered the cost 

of advertising and of registering the assignment, nor is he 
bound to act under the assignment until his costs in that 
behalf are paid or tendered to him. R.S.O. 1970, c. 34, s. 17. 

18. If the assignment is not registered or notice thereof is pugiiSii^ 
not published, the judge may, upon the application of registration 
any person interested in the assignment, by order enforce 
the registration of the assignment or the publication of the 
notice. R.S.O. 1970, c. 34, s. 18. 



250 



Chap. 33 



ASSIGNMENTS AND PREFERENCES 



Sec. 19 



Omission 
to publish, 
etc. 



19. The omission to publish or register as required by 
section 16 does not, nor does any irregularity in the pub- 
lication of registration, invalidate the assignment. R.S.O. 
1970, c. 34, s. 19. 



Duty to 
call meeting 
of creditors 



20. — (1) It is the duty of the assignee immediately to 
inform himself, by reference to the assignor and his records of 
account, of the names and residences of the assignor's creditors, 
and, within five days from the date of the assignment, to call a 
meeting of the creditors for the appointment of inspectors and the 
giving of directions with reference to the disposal of the estate by 
sending by registered mail to every creditor known to him a notice 
calling the meeting to be held in his office or some other convenient 
place to be named in the notice not later than twelve days after the 
mailing thereof, and by advertisement in The Ontario Gazette. 



other 
meetings 



(2) All other meetings to be held shall be called in like 
manner. R.S.O. 1970, c. 34, s. 20. 



Appointjne^t 21. — (1) The creditors at any meeting may appoint one 
or more inspectors who shall superintend and direct the 
proceedings of the assignee in the management and winding up 
of the estate, and the creditors may also at any subsequent 
meeting for that purpose revoke the appointment of any 
inspector. 

Appointment (2) Where the appointment of an inspector is revoked or 
inspector where an inspector dies, resigns his office or leaves Ontario, 

the creditors at any meeting may appoint another inspector 

to take his place. 



Inspector (3) An inspector shall not directly or indirectly purchase 

purchase any part of the stock in trade, debts or other assets of 
the assignor. R.S.O. 1970, c. 34, s. 21. 



Meeting of 
creditors by 
request of 
majority 
thereof 



22. — (1) In the case of a request in writing signed by a 
majority of the creditors having claims duly proved of $100 
and upwards, computed according to section 24, it is the duty 
of the assignee, within two days after receiving the request, 
to call a meeting of the creditors for a day not later than twelve 
days after he receives the request, and in case of default the 
assignee shall incur a penalty of $25 for every day after the 
expiration of the time limited for calling the meeting until 
it is called. 



Power of 
judge 



(2) In case a sufficient number of creditors do not attend the 
meeting mentioned in section 20 or fail to give directions with 
reference to the disposal of the estate, the judge may give 
such directions as he considers necessary for that purpose. 
R.S.O. 1970, c. 34, s. 22. 



Sec. 24 (4) ASSIGNMENTS AND PREFERENCES Chap. 33 251 

23. At any meeting of creditors, the creditors may voteVotingat 
in person or by proxy authorized in writing, but no creditor 
whose vote is disputed is entitled to vote until he has 
filed with the assignee an affidavit in proof of his claim, 
stating the amount and nature thereof. R.S.0. 1970, c. 34, s. 23. 

24. — (1) Subject to section 10, all questions at meetings ^^^j| °^ 
of creditors shall be decided by the majority of votes, and 
for such purpose the votes of creditors shall be calculated 
as follows : 

1. For every claim of or over $100 and not exceeding 
$200, one vote. 

2. For every claim over $200 and not exceeding $500, 
two votes. 

3. For every claim over $500 and not exceeding $1,000, 
three votes. 

4. For every additional $1,000 or fraction thereof, 
one vote. 

(2) No person is entitled to vote on a claim acquired ^pon claims 
after the assignment unless the entire claim is acquired, but after 

- . , ° , , .7; , assignment 

this does not apply to persons acquiring notes, bills or other 
securities upon which they are liable. 

(3) In the case of a tie, the assignee or, if there are^^^^°^ 
two assignees, the assignee nominated for that purpose by 

the creditors or by the judge, if none has been nominated 
by the creditors, has a casting vote. 

(4) Every creditor in his proof of claim shall state whether ^cumfes 
he holds any security for his claim or any part thereof, and 

if such security is on the estate of the assignor or on the 
estate of a third person for whom the assignor is only secondarily 
liable, he shall put a specified value thereon and the assignee, 
under the authority of the creditors, may either consent to the 
creditor ranking for the claim after deducting such valuation 
or he may require from the creditor an assignment of the secu- 
rity at an advance of 10 per cent upon the specified value to be 
paid out of the estate as soon as the assignee has realized 
the security, and in such case the difference between the 
value at which the security is retained and the amount of 
the gross claim of the creditor is the amount for which he 
shall rank and vote in respect of the estate. 



252 



Chap. 33 ASSIGNMENTS AND PREFERENCES Sec. 24 (5) 



fevaiuMn ^^^ ^^ ^ Creditor's claim is based upon a negotiable in- 

certain cases strument upon which the assignor is only indirectly or 
secondarily liable and that is not mature or exigible, the 
creditor shall be considered to hold security within the mean- 
ing of this section and shall put a value on the liability 
of the person primarily liable thereon as being his security 
for the payment thereof, but after the maturity of such 
liability and its non-payment he is entitled to amend his 
claim and revalue his security. 



Where 
creditor 
holdlngr 
security 
falls to 
value It 



(6) Where a person claiming to be entitled to rank on the 
estate holds security for his claim, or any part thereof, of such 
a nature that he is required by this Act to value the 
security and he fails to value it, the judge, upon summary 
application by the assignee or by any other person interested in 
the estate, of which application at least three days notice shall 
be given to the claimant, may order that, unless a specified value 
be placed on the security and the assignee is notified in 
writing within a time to be limited by the order, the 
claimant is, in respect of the claim, or the part thereof for which 
the security is held in case the security is held for part 
only of the claim, wholly barred of any right to share in the 
proceeds of the estate. 



Conse- 
quences of 
neglect of 
order 



(7) If a specified value is not placed on the security or 
the assignee is not notified in writing according to the 
exigency of the order or within such further time as the 
judge by subsequent order allows, the claim, or the part, 
as the case may be, is wholly barred as against the estate, 
but without prejudice to the liability of the assignor 
therefor. R.S.O. 1970, c. 34, s. 24. 



Proof of 
claim 



25. — (1) Every person claiming to be entitled to rank on 
the estate shall furnish to the assignee particulars of his 
claim proved by affidavit and such vouchers as the nature of 
the case admits. 



Limiting 
time for 
proof of 
claim 



(2) Where a person claiming to be entitled to rank on the 
estate does not, within a reasonable time after receiving notice 
of the assignment and of the name and address of the assignee, 
furnish to the assignee satisfactory proofs of his claim as 
provided by this and the preceding sections, the judge 
upon summary application by the assignee or by any other 
person interested in the estate, of which application at least 
three days notice shall be given to the claimant, may order 
that unless the claim is proved to the satisfaction of the 
judge within a time to be limited by the order, the claimant 
shall be deemed to be no longer a creditor of the estate 
and is wholly barred of any right to share in the proceeds 
thereof. 



Sec. 26 (4) ASSIGNMENTS AND PREFERENCES Chap. 33 253 

(3) If the claim is not so proved within the time so conse- 
limited or within such further time as the judge by sub- negfea to^ 
sequent order allows, it is wholly barred and the assignee is at p^'o^^^^**™ 
liberty to distribute the proceeds of the estate as if no such 

claim existed, but without prejudice to the hability of the 
assignor therefor. 

(4) Subsections (2) and (3) do not interfere with the protection "^'ot «« 'n- 
afforded to assignees by section 53 of the Trustee Act. rs^o.Tqso, 

c. 512 

(5) A person whose claim has not accrued due is never- creditor 
theless entitled to prove under the assignment and to vote at cia^not* 
meetings of creditors, but in ascertaining the amount of any *^^* 
such claim a deduction for interest shall be made for the 

time that has to run until the claim becomes due. R.S.O. 
1970,c. 34,s. 25. 

26. — (1) At any time after the assignee receives from go°*J^**- 
any person claiming to be entitled to rank on the estate claim 
proof of his claim, notice of contestation of the claim may 
be served by the assignee upon the claimant. 

(2) Within thirty days after the receipt of the notice, or limitation 
within such further time as the judge allows i an action 

shall be brought by the claimant against the assignee to 
establish the claim, and a copy of the writ in the action, 
or of the summons in case the action is brought in a small 
claims court, shall be served on the assignee, and in default of 
such action being brought and writ or summons served within 
the time limited the claim to rank on the estate is forever 
barred. 

(3) The notice by the assignee shall contain the name and ^ervice on^ 
place of business of a solicitor upon whom service of the assignee 
writ or summons may be made, and service upon him shall be 
deemed sufficient service. 

(4) Where prior to the assignment an action has been Rigriit of 

&8SlGril.66 

commenced against the assignor and is pending at the time of the to compel 

^ °, ^ u .L- J 4.U plalntiffto 

assignment, the assignee may, by notice served upon the proceed 
plaintiff in the action, require him to proceed, and he is^ahi*t"°° 
bound to proceed in that action to establish his claim, instead *^^^'^°'" 
of bringing an action against the assignee as provided for by 
subsection (2), and the plaintiff may thereupon apply to the court 
in which the action is brought for an order adding the assignee as a 
party defendant in the action, and the assignee may be so added 
upon such terms as to the costs that may be subsequently incurred 
as the court or a judge thereof, or the judge making the order, 
directs. R.S.O. 1970, c. 34, s. 26. 



254 



Chap. 33 ASSIGNMENTS AND PREFERENCES Sec. 27 (1) 



Procedure 
where 
assignee 
is satisfied 
but assignor 
desires to 
dispute 



27. — (1) If the assignee is satisfied with the proof adduced 
in support of a claim but the assignor disputes it, the 
assignor shall do so by notice in writing to the assignee, stating 
the grounds upon which he disputes the claim, and the 
notice shall be given within ten days after the assignor is 
notified in writing by the assignee that he is satisfied with the 
proof adduced and not afterwards unless by leave of the 
judge. 



Where 
assignee 
does not 
require 
action to be 
brought 



(2) If Upon receiving such notice of dispute the assignee 
does not consider it proper to require the claimant to bring an 
action to establish his claim, he shall notify the assignor 
in writing of the fact, and the assignor may thereupon, 
and within ten days of his receiving such notice, apply to the 
judge for an order requiring the assignee to serve a notice of 
contestation. 



Conditions 



(3) The order shall be made only if, after notice to the 
assignee, the judge is of opinion that there are good 
grounds for contesting the claim. 



d^^^sfonof (^) ^^ ^^^ assignor does not make such an application, 

assignee the decisiou of the assignee is, as against him, final and 
conclusive. 



Decision of 
judge on 
validity of 
claim 



(5) If upon the application the claimant consents in 
writing, the judge may in a summary manner decide the 
question of the validity of the claim. 



Intervention 
by assignor 
at trial 



(6) If an action is brought by the claimant against the 
assignee, the assignor may intervene at the trial either 
personally or by counsel for the purpose of calling and 
examining or cross-questioning witnesses. R.S.O. 1970, c. 34, 
S.27. 



Retention of 
assets in 
Ontario 
and deposit 
of moneys 



28. — (1) No property or assets of an estate assigned under 
this Act shall be removed out of Ontario without the order 
of the judge, and the proceeds of the sale of any such property 
or assets and all moneys received on account of any 
estate shall be deposited by the assignee in a chartered bank 
in Ontario and shall not be withdrawn or removed without the 
order of the judge, except in payment of dividends and 
charges incidental to winding up the estate. 



Penalty (2) An assignee or any person acting in his stead 

contravenes this section is liable to a penalty of $500. 



who 



Application 
of penalty 



(3) One-half of the penalty goes to the person suing 
therefor and the other half belongs to the estate. 



Sec. 33 (1) ASSIGNMENTS AND PREFERENCES Chap. 33 255 

(4) In default of payment of the penalty and all costs i^prtfon- 

,. .^■' ,. r, mentin 

incurred in an action or proceeding for the recovery thereof default of 
within the time limited by the judgment, the court in which the of p^auy 
action is brought may order that such assignee or p)erson may be 
imprisoned for any period not exceeding thirty days, and 
such assignee or person is disqualified from acting as 
assignee of any estate while the default continues. R.S.O. 
1970. c. 34, s. 28. 

29. Upon the expiration of one month from the first ^^^°°°** ^° 
meeting of creditors or as soon as may be thereafter and accessible 
afterwards from time to time at intervals of not more than 

three months, the assignee shall prepare, and keep con- 
stantly accessible to the creditors, accounts and state- 
ments of his doings as assignee and of the position of the 
estate. R.S.O. 1970, c. 34, s. 29. 

30. The law of set-off applies to all claims made against the set-off 
estate, and also to all actions instituted by the assignee 

for the recovery of debts due to the assignor, in the same 
manner and to the same extent as if the assignor were 
plaintiff or defendant, as the case may be, except in so far as any 
claim for set-off is affected by this or any other Act respecting 
frauds or fraudulent preferences. R.S.O. 1970, c. 34, s. 30. 

31. As large a dividend as can be paid with safety shall Dj^^^^^nds. 
be paid by every assignee within twelve months from the be paid 
date of the assignment, and earlier if required by the 
insf)ectors, and thereafter a further dividend shall be paid 

every six months and more frequently if required by the 
inspectors, until the estate is wound up and disposed of. 
R.S.O. 1970. c. 34, s. 31. 

32. As soon as a dividend sheet is prepared, notice Notice of 
thereof shall be given by registered mail to each creditor, sheet 
enclosing an abstract of receipts and disbursements, showing 

what interest has been received by the assignee for money 
in his hands, together with a copy of the dividend sheet, 
noting thereon the claims objected to, and stating whether 
any reservation has or has not been made therefor, and after the 
expiry of eight days from the date of mailing the notice, 
abstract and dividend sheet, dividends on all claims not 
objected to within that period shall be paid. R.S.O. 1970, 
c. 34, s. 32. 

33. — (1) The assignee mav take the proceedings author- Distributing 

° ' '^ .11 monevs and 

ized by section 32 of the Creditors' Relief Act to be taken by adetermininK 
sheriff, and in that case sections 32 and 33 of that Act apply with ^^"J^ 
necessary modifications to proceedings for the distribution of c. 103 
money and determination of claims arising under an assignment 



256 



Chap. 33 



ASSIGNMENTS AND PREFERENCES SeC. 33 (1) 



R.S.O. 1980, 
c. 103 



made under this Act, with the substitution of "assignee" for 
"sheriff, but this section does not reheve the assignee from mail- 
ing to each creditor the abstract and other information required by 
section 32 of this Act to be sent to creditors so far as the same is not 
contained in the Hst sent by him under section 32 of the Creditors' 
Relief Act. 



To what 
judge 

application 
to oe made 



(2) A judge of the county or district court of the 
county or district where the assignment is required to be 
registered is the judge to whom applications under this 
section shall be made. R.S.O. 1970, c. 34, s. 33. 



Remunera- 
tion of 
assignee 



34. The assignee shall receive such remuneration as is 
voted to him by the creditors at a meeting called for the 
purpose after the first dividend sheet has been prepared, 
or by the inspectors, in case the creditors fail to provide therefor, 
subject to review by the judge upon complaint of the assignee 
or of any creditor. R.S.O. 1970, c. 34, s. 34. 



Where re- 
muneration 
not fixed 
before the 
final 
dividend 



35. Where the remuneration of the assignee has not been 
fixed under section 34 before the final dividend, the assignee 
may insert in the final dividend sheet, and retain as his 
remuneration, a sum not exceeding 5 per cent of the cash 
receipts, subject to review by the judge, but no application 
by the assignee to review the allowance shall be entertained 
unless the question of his remuneration has been brought before 
a meeting of creditors competent to decide the same 
before the preparation of the final dividend sheet. R.S.O. 
1970, c. 34, s. 35. 



Remunera- 
tion of 
inspectors 



36. — (1) An assignee shall not make any payment or allow- 
ance to an inspector beyond his actual and necessary 
travelling expenses in and about his duties as inspector 
except under the authority of a resolution of the creditors 
passed at a meeting regularly called fixing the amount 
thereof, and in the notice calling the meeting the fixing of the 
remuneration of the inspectors shall be specially mentioned 
as one of the subjects to be brought before the meeting. 



Limit of 
allowance 



(2) An inspector shall not be allowed more than $4 a day 
besides his actual travelling expenses. R.S.O. 1970, c. 34, 
S.36. 



Examination 
of assignor 
or 
employees 



37. — (1) Upon a resolution passed by a majority vote 
of the creditors present or represented at a meeting of 
creditors regularly called, or upon the written request of a 
majority of the inspectors, or upon an order made by the 
judge, the assignee may examine upon oath before a master, 
local master, local registrar, judge of the county or district 
court, special examiner, official referee or any other person 



Sec. 39 ASSIGNMENTS AND PREFERENCES Chap. 33 257 

named in the order, the assignor or any person who is or 
has been his agent, clerk, servant, officer or employee 
of any kind, touching the estate and effects of the assignor, 
and as to the property and means he had when the 
earliest of his debts or liabilities existing at the date of the 
assignment was incurred, and as to the property and means 
he still has of discharging his debts and liabilities, and 
as to the disposal he has made of any property since 
contracting such debt or incurring such liability, and as to 
any and what debts are owing to him, and the person 
examined may be required by the assignee to produce 
upon such examination any property, book, document or 
paper in his custody, power or control. 

(2) Unless otherwise ordered, the examination shall take where 
place in the county or district in which the person to be to take 
examined resides. ^^^^^ 

(3) The rules and procedure of the Supreme Court as to Procedure 
the examination of a judgment debtor, or any clerk or examination 
employee or former clerk or employee of a judgment 
debtor, so far as may be, apply to an examination held 

under subsection (1). R.S.O. 1970, c. 34, s. 37. 

38, Any person who has or is believed or suspected of^p^o*g^°° 
having in his possession or power any book, document or paving ^^ 
paper of any kind relating in whole or in part to the property of 
assignor, his dealings or property and who refuses or fails 

to produce such book, document or paper for the inspection 
of the assignee within four days after demand in writing 
by the assignee may by order of the judge be examined 
before the judge or any of the officers mentioned in section 
37 touching such book, document or paper, and he is 
subject to the same consequences in the case of neglect to 
attend or refusal to disclose the matters in respect of 
which he may be examined or to make such production 
as is mentioned in section 40. R.S.O. 1970, c. 34, s. 38. 

39. If the assignor does not attend for examination and^hen^^^ 
does not allege a sufficient excuse for not attending or, if does not 

o , . 1 , ■ 1 • attend or 

attending:, he refuses to disclose his property or his trans- refuses to 
actions respecting his property or does not make satisfactory questions 
answers respecting his property or if it appears from such 
examination that the assignor has concealed or made away 
with his property in order to defeat or defraud his creditors 
or any of them, the judge may order the assignor to be committed 
to a correctional institution in the county or district in which 
he resides for any period not exceeding twelve months. 
R.S.O. 1970, c. 34, s. 39. 



258 



Chap. 33 ASSIGNMENTS AND PREFERENCES 



Sec. 40 



Compelling 
attendance 
and 

production 
of books 



40. Any person, other than the assignor, liable to be 
examined is subject to the same consequences in case of 
neglect to attend or refusal to disclose the matters in 
respect of which he may be examined or to make production 
as a witness in an action in the Supreme Court. R.S.O. 
1970, c. 34, s. 40. 



Sec. 4 (3) ATHLETICS CONTROL Chap. 34 259 

CHAPTER 34 
Athletics Control Act 



1. In this Act, interpre- 

tation 

{a) "Commissioner" means the Athletics Commissioner; 

(b) "Minister" means the Minister of Consumer and Com- 
mercial Relations or such other member of the Executive 
Council to whom the administration of this Act is 
assigned by the Lieutenant Governor in Council; 

(c) "official" includes an examiner, judge, master of 
ceremonies, legally qualified medical practitioner, 
referee and timekeeper; 

(d) "person" includes a corporation, association, club 
and any unincorporated organization ; 

(e) "professional contest or exhibition" means a profes- 
sional contest or exhibition of baseball, bicycle riding, 
boxing, dancing, golf, hockey, jaialai, lacrosse, motor- 
cycle riding, physical prowess whether by contortion 
or otherwise, rowing, rugby, running, skating whether 
speed skating or figure skating, soccer, swimming, 
tennis, wrestling or any professional contest or exhibi- 
tion of any other sport or game designated by the 
Lieutenant Governor in Council. R.S.O. 1970, c. 35, 
s. 1; O. Reg. 258/79. 

2. The administration of this Act is under the direction Direction 

and control 

and control of the Minister. R.S.O. 1970, c. 35, s. 2. 

3. An Athletics Commissioner shall be appointed by the commis-* 
Lieutenant Governor in Council. R.S.O. 1970, c. 35, s. 3. sioner 

4. — (1) The Commissioner may issue licences under this q^^^^°^ 
Act and the regulations. missioner 



(2) The Commissioner shall assist, promote and encourage idem 

R.SC 

c. 80 



amateur sport in community recreation centres under the Com- •* ^.o. i980, 
munity Recreation Centres Act and associations of amateur 
sportsmen. 

(3) The Commissioner is responsible for the supervision of i**®"* 
professional contests and exhibitions and, under the direction 
and control of the Minister, shall assist in the administration 
of this Act and the regulations. R.S.O. 1970, c. 35, s. 4. 



260 

Tax 



Chap. 34 



ATHLETICS CONTROL 



Sec. 5 (1) 



5. — (1) Every person conducting a professional boxing or 
wrestling contest or exhibition shall pay to the Minister an 
amount not less than 1 per cent and not more than 5 per cent 
of the gross receipts in respect of such contest or exhibition 
as shall be determined by the Minister with the approval of 
the Lieutenant Governor in Council. 



^s^uction (2) Where a professional contest or exhibition is not the 
sole or main attraction offered at a presentation or exhibition 
for which admission is charged, the Minister may accept such 
amount as in the circumstances he considers proper in lieu 
of the percentage of the gross receipts payable under subsec- 
tion (1). 



Idem 



(3) If the Minister is satisfied that the entire proceeds of 
a professional contest or exhibition are for charitable purposes, 
he may accept such amount as in the circumstances he 
considers proper in lieu of the percentage of the gross receipts 
payable under subsection (1). 



JAax"^"" (4) Every person conducting a professional contest or exhibi- 
tion shall, within three days of the holding of such contest or 
exhibition, remit to the Minister by registered mail the amount 
payable under subsection (1). 



Offence 



(5) Every person who conducts or participates in conduct- 
ing or holding a professional contest or exhibition and who 
fails to comply with this section, in addition to the payment 
of the amounts provided in subsection (1), is guilty of an 
offence and on conviction is liable to a fine or not less 
than an amount equal to such amounts. R.S.O. 1970, c. 35, 
s. 5. 



Impounding 
of boxing 
and 

wrestling 
purses, etc. 



6. — ( 1 ) Where the Commissioner or any other person charges, 

(a) that a boxing or wrestling contest or exhibition was 
conducted in contravention of this Act or the regu- 
lations; or 

(b) that an agreement, contract or undertaking with 
respect to any boxing or wrestling contest or exhibi- 
tion was entered into in contravention of this Act or 
the regulations ; or 

(c) that the conduct of a person connected with or 
participating in a boxing or wrestling contest or exhi- 
bition was in contravention of this Act or the regu- 
lations or was not in the interest of boxing or wrestling, 



Sec. 9 ATHLETICS CONTROL Chap. 34 261 

the Commissioner may order any person to deliver to him 
forthwith any moneys that were paid or may be payable in 
connection with such contest or exhibition and such moneys 
shall be impounded by him pending the disposition of the 
charge. 

(2) The Minister may direct the Commissioner or any other investigra- 
person to hold an investigation into the charge so made and 

to report thereon to him and, if in his opinion the charge has 
been proven, he may declare the moneys impounded to be 
forfeited, and such moneys thereupon become the property of 
the Crown. 

(3) If the Minister does not direct an investigation or if he is Release of 

ImDOUDuGQ 

of the opinion that the charge has not been proven, he shall moneys 
order any moneys impounded to be released. 

(4) Every person who fails to deliver moneys to the Com- offence 
missioner in pursuance of an order made under subsection (1) 

is guilty of an offence and on conviction is liable to a fine of not less 
than an amount equal to twice the amount of the moneys ordered 
to be delivered. R.S.O. 1970, c. 35, s. 6. 

7. The Minister may direct the Commissioner or any other investiga- 
person to hold an investigation, 

(a) where a branch of the Amateur Athletic Union of 
Canada in Ontario or a league, body or f)erson con- 
nected with amateur sport operating in Ontario 
requests the Minister to cause an investigation to 
be held into any matter that the branch, league, 
body or person considers should be investigated in 
the interest of amateur sport in Ontario; or 

{b) upon any matter that is considered by the Minister to 
be in the pubHc interest. R.S.O. 1970. c. 35, s. 7. 

8. For the purposes of an investigation under section 6 i^vMWgaUon 
or 7, the Commissioner or other person holding such investiga- 
tion has the powers of a commission under Part II of the 

Public Inquiries Act , which Part applies to the investigation as if it ^^^^^ >98o, 
were an inquiry under that Act. R.S.O. 1970, c. 35, 
s. 8; 1971, c. 49, s. 18. 

9. The moneys received by the Minister under section 5, ?*y'g«°^ 
together with all moneys received from licence and Permit soMated 
fees, fines and other pecuniary penalties and the impounding Fund 

of purses or other remuneration, shall be paid into the Con- 
solidated Revenue Fund. R.S.O. 1970, c. 35, s. 9. 



262 



Chap. 34 



ATHLETICS CONTROL 



Sec. 10(1) 



Prohibiting 
use of 
building 



10. — (1) Where moneys payable to the Minister under this 
Act or the regulations in respect of a professional contest or 
exhibition or a contest or exhibition of amateur boxing or 
wrestling are not received by the Minister within one week of 
the holding of such contest or exhibition, the Minister may 
direct that the building or other place where such contest or 
exhibition was held shall not be used for the holding of any 
professional contest or exhibition or any contest or exhibition 
of amateur boxing or wrestling until such moneys have been 
paid to the Minister. 



Offence (2) Where notice in writing of a direction made under sub- 

section (1) is served upon or sent by registered mail to the owner, 
lessee or other person having control over the building or other 
place, such owner, lessee or other person is guilty of an offence and 
on conviction is liable to a fine of not less than $20 and not more 
than $100 in respect of every professional contest or exhibition or 
contest or exhibition of amateur boxing or wrestling held in such 
building or at such place during the continuance in force of such 
direction. R.S.O. 1970, c. 35, s. 10. 



Contracts 
to manage 
professional 
boxers and 
wrestlers 



1 1 . A contract or agreement entered into for the manage- 
ment of a person taking part in professional boxing or wrestling 
contests or exhibitions, or for the taking part in any such 
contest or exhibition, is not valid or of any force or effect 
unless it is in writing signed by the parties thereto and 
approved by the Commissioner, and the Commissioner may 
at any time, by notice in writing to the parties, revoke any 
approval given by him and thereupon the contract or agree- 
ment is for all purposes void and of no effect. R.S.O. 1970, 
c. 35, s. 11. 



Powers of 
Commis- 
sioner 



12.— (1) The Commissioner may, 

(a) delegate to any person any of the powers or duties 
conferred or imposed upon him by this Act or the 
regulations ; 

(6) designate the officials for any professional contest or 
exhibition or any amateur boxing or wrestling contest 
or exhibition and fix the fees that shall be paid to 
them by the person holding the contest or exhibition. 



Admission 
to contests 
and 
exhibitions 



(2) The Commissioner or a person to whom he has delegated 
any of his powers or duties shall be admitted without charge to 
professional contests and exhibitions and amateur boxing 
and wrestling contests and exhibitions. R.S.O. 1970, c. 35, 
s. 12. 



Sec. 13 (1) (c) ATHLETICS CONTROL Chap. 34 263 

13. — (1) Subject to the approval of the Lieutenant Gov- ^^"^*"°°« 
ernor in Council, the Minister may make regulations, 

{a) prescribing the powers and duties of the Commis- 
sioner ; 

(6) authorizing the Commissioner, 

(i) to order any amateur or professional boxing 
contest or exhibition to be stopped if he con- 
siders it necessary, 

(ii) to approve the persons who may take part in 
professional boxing contests or exhibitions of 
more than ten three-minute rounds, 

(iii) to designate the time and place of weighing-in 
for amateur and professional boxers and 
wrestlers, 

(iv) to prescribe the time limit for amateur and pro- 
fessional boxing and wrestling contests and 
exhibitions, 

(v) to direct a professional boxing contest or exhi- 
bition to be held notwithstanding a boxer 
under contract to take part therein is over- 
weight, 

(vi) to settle disputes referred to him by profes- 
sional boxers and persons holding professional 
boxing contests or exhibitions, 

(vii) to permit a substitute for a boxer who is unable 
or refuses to take part in a professional boxing 
contest or exhibition, and 

(viii) to determine the announcements that may be 
made from the ring in amateur and professional 
boxing and wrestling contests and exhibitions 
in addition to those authorized by the regula- 
tions ; 

{c) prescribing the equipment to be used for and the 
rules applicable to the conduct of amateur and pro- 
fessional boxing and wrestling contests and exhibi- 
tions, including the appointment and duties of the 
officials of the contests and exhibitions, the definition 
of fouls and the manner of determining the winners ; 



264 Chap. 34 ATHLETICS CONTROL Sec. 13 (1) (d) 

{d) providing for the issuing of licences and permits for 
the holding of amateur and professional boxing and 
wrestling contests and exhibitions and for the suspen- 
sion and cancellation of such licences and the cancella- 
tion of such permits; 

{e) providing for the licensing of amateur and professional 
boxers and wrestlers, managers of professional boxers 
and wrestlers, referees, seconds and other officials 
officiating at amateur or professional boxing or 
wrestling contests or exhibitions and for the suspen- 
sion and cancellation of such licences ; 

(/) providing for the payment of fees for licences and 
permits and the manner of collecting such fees; 

is) providing for payment to the Minister of a fee or 
charge by way of a licence fee or otherwise in respect 
of the holding of any amateur boxing or wrestling 
contest or exhibition and for the manner of collecting 
such fee or charge; 

{h) authorizing the Commissioner to levy fines or other 
pecuniary penalties against officials or against persons 
who are the holders or who by the regulations are 
required to be the holders of licences under this Act 
for failure to comply with any provision of this Act 
or of the regulations ; 

(i) prescribing the forms of contracts to be used in con- 
nection with the services and management of pro- 
fessional boxers and wrestlers ; 

{j) prescribing the duties of persons holding amateur or 
professional boxing or wrestling contests or exhibi- 
tions ; 

{k) prescribing the security to be furnished to the Com- 
missioner by persons holding professional boxing or 
wrestling contests or exhibitions to ensure payment 
of officials and contestants and the amount payable 
to the Minister under section 5 ; 

(/) regulating the holding and conduct of professional 
contests or exhibitions of dancing, swimming, row- 
ing and tennis; 

(m) prescribing the classes of persons who may take part 
in amateur and professional boxing and wrestling 
contests and exhibitions; 



Sec. 13 (3) ATHLETICS CONTROL Chap. 34 265 

(«) defining "amateur" and "professional" for the pur- 
poses of this Act and the regulations; 

(o) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 

(2) Every person who contravenes any provision of this Act General 
or of the regulations is guilty of an offence and on conviction is 
liable, if no other penalty is provided, to a fine of not less than $20 

and not more than $1,000. 

(3) Where a fine or other pecuniary penalty has been levied Duplication 
by the Commissioner under the regulations and such fine or 

other penalty has been paid, no proceedings shall be taken 

under the Provincial Offences Act in respect of the same R so. iggo, 

matter. R.S.O. 1970, c. 35, s. 13. ^^°° 



Sec. 1 (d) AUDIT Chap. 35 267 

CHAPTER 35 
..-^.Audit Act 



1 . In this Act, interpre- 

tation 

{a) "agency of the Crown" means an association, 
authority, board, commission, corporation, council, 
foundation, institution, organization or other body, 

(i) whose accounts the Auditor is appointed 
to audit by its shareholders or by its board 
of management, board of directors or other 
governing body, 

(ii) whose accounts are audited by the Auditor 
under any other Act or whose accounts the 
Auditor is appointed by the Lieutenant 
Governor in Council to audit, 



(iii) whose accounts are audited by an auditor, 
other than the Auditor, appointed by the 
Lieutenant Governor in Council, or 

(iv) the audit of the accounts of which the Auditor 
is required to direct or review or in respect 
of which the auditor's report and the work- 
ing papers used in the preparation of the 
auditor's statement are required to be made 
available to the Auditor under any other Act, 



but does not include one that the Crown Agency Act ^^^ ^^^' 
states is not affected by that Act or that any other Act 
states is not a Crown agency within the meaning or for 
the purposes of the Crown Agency Act; 

(b) "Assistant Auditor" means the Assistant Provincial 
Auditor ; 

(c) "Auditor" means the Provincial Auditor; 

id) "Board" means the Board of Internal Economy referred 

to in section 84 of the legislative Assembly Act; RS.o. i980, 



268 



Chap. 35 



AUDIT 



Sec. 1 (e) 



R.S.O. 1980, 
c. 291 



(e) "Crown controlled corporation" means a corporation 
that is not an agency of the Crown and having 
50 per cent or more of its issued and outstanding 
shares vested in Her Majesty in right of Ontario 
or having the appointment of a majority of its 
board of directors made or approved by the 
Lieutenant Governor in Council ; 

if) "fiscal year" has the same meaning as in the 
Ministry of Treasury and Economics Act; 

{g) "inspection audit" means an examination of ac- 
counting records; 

{h) "Office of the Auditor" means the Office of the 
Provincial Auditor; 



R.S.O. 1980, 
c. 161 



(i) "public money" has the same meaning as in the Finan- 
cial Administration Act. 1977, c. 61, s. 1; 1979, c. 34, 
,s. 1. 



Office 
of the 
Auditor 



2. The Office of the Provincial Auditor shall consist of 
the Auditor, the Assistant Auditor and such employees as 
may be required from time to time for the proper conduct 
of the business of the Office. 1977, c. 61, s. 2. 



Provincial 
Auditor 



3. The Auditor shall be appointed as an officer of the 
Assembly by the Lieutenant Governor in Council on the 
address of the Assembly after consultation with the chairman 
of the standing Public Accounts Committee of the Assembly. 
1977, c. 61, s. 3. 



Tenure of 
ofQce and 
removal 



4. The Auditor may hold office until the end of the 
month in which he attains the age of sixty-five years and 
may be reappointed for a period not exceeding one year at 
a time until the end of the month in which he attains 
seventy years of age, but is removable at any time for 
cause by the Lieutenant Governor in Council on the address 
of the Assembly. 1977, c. 61, s. 4. 



Salary of 
Auditor 



5. — (1) The Auditor shall be paid a salary within the 
highest range of salaries paid to deputy ministers in the 
Ontario civil service and is entitled to the privileges of 
office of a senior deputy minister. 



Idem 



(2) The salary of the Auditor, within the salary range 
referred to in subsection (1), shall be determined and reviewed 
annually by the Board. 



Sec. 9 (3) (a) audit Chap. 35 269 

(3) The salary of the Auditor shall be charged to and ^^^^ 
paid out of the Consolidated Revenue Fund. 1977, c. 61, s. 5. 

6. — (1) The Assistant Auditor shall be appointed as an Assistant 
officer of the Assembly by the Lieutenant Governor in 
Council upon the recommendation of the Auditor. 

(2) The Assistant Auditor, under the direction of the ^^^"^ 
Auditor, shall assist in the exercise of the powers and the 
performance of the duties of the Auditor and, in the absence 
or inability to act of the Auditor, shall act in the place 
of the Auditor. 1977, c. 61, s. 6. 

7. The persons appointed as Auditor and Assistant Auditor Qualifications 
shall be persons who are licensed under the Public Accountancy ^ s.o. iqso, 
Act. 1977, c. 61, s. 7. '• ^°^ 

8. The Provincial Auditor and the Assistant Provincial Transitional 
Auditor holding office under The Audit Act, being chapter 36 of 

the Revised Statutes of Ontario, 1970, immediately before the 1st 
day of April, 1978 shall be deemed to be appointed under this 
Act. 1977, c. 61, s. 8, revised. 

9. — (1) The Auditor shall audit, on behalf of the As- ^^^l^P^^ 
sembly and in such manner as the Auditor considers Revenue 
necessary, the accounts and records of the receipt and 
disbursement of public money forming part of the Con- 
solidated Revenue Fund whether held in trust or otherwise. 

(2) Where the accounts and financial transactions of an ^^g*^^i°g 
agency of the Crown are not audited by another auditor, of the 
the Auditor shall perform the audit, and, notwithstanding 
any provision of any other Act, where the accounts and 
financial transactions of an agency of the Crown are audited 
by another auditor, the audit shall be performed under the 
direction of the Auditor and such other auditor shall report 
to the Auditor. 



(3) Where the accounts of a Crown controlled corporation c"^4n°^ 
are audited other than by the Auditor, the person or persons colorations 
performing the audit, 

(a) shall deliver to the Auditor forthwith after com- 
pletion of the audit a copy of their report of their 
findings and their recommendations to the manage- 
ment and a copy of the audited financial state- 
ments of the corporation; 



270 



Chap. 35 



AUDIT 



Sec. 9 (3) (b) 



(b) shall make available forthwith to the Auditor, 
when so requested by the Auditor, all working 
papers, reports, schedules and other documents in 
respect of the audit or in respect of any other 
audit of the corporation specified in the request; 

(c) shall provide forthwith to the Auditor, when so 
requested by the Auditor, a full explanation of 
work performed, tests and examinations made and 
the results obtained, and any other information 
within the knowledge of such person or persons in 
respect of the corporation. 



Additional 
examination 
and 
investigation 



(4) Where the Auditor is of the opinion that any information, 
explanation or document that is provided, made available or 
delivered to him by the auditor or auditors referred to in subsec- 
tion (2) or (3) is insufficient, the Auditor may conduct or cause to be 
conducted such additional examination and investigation of the 
records and operations of the agency or corporation as the Auditor 
considers necessary. 1977, c. 61, s. 9. 



Information 
and access 
to records 



Accommoda- 
tion in 
ministries 
and Crown 
agencies 



Annual 
report 



10. Every ministry of the pubHc service, every agency 
of the Crown and every Crown controlled corporation shall 
furnish the Auditor with such information regarding its 
powers, duties, activities, organization, financial transactions 
and methods of business as the Auditor from time to time 
requires, and the Auditor shall be given access to all books, 
accounts, financial records, reports, files and all other papers, 
things or property belonging to or in use by the ministry, 
agency of the Crown or Crown controlled corporation and 
necessary to the performance of the duties of the Auditor 
under this Act. 1977, c. 61, s. 10. 

11. For the purposes of the exercise of his powers or the 
performance of his duties under this Act, the Auditor may 
station one or more members of the Office of the Auditor 
in any ministry of the public service, in any agency of the 
Crown and in any Crown controlled corporation and the 
ministry, agency or corporation shall provide such accommo- 
dation as is required for such purposes. 1977, c. 61, s. 11. 

12. — (1) The Auditor shall report annually to the Speaker 
of the Assembly after each fiscal year is closed and the 
Public Accounts are laid before the Assembly, but not later 
than the 31st day of December in each year unless the 
Public Accounts are not laid before the Assembly by that 
day, and may make a special report to the Speaker at any 
time on any matter that in the opinion of the Auditor 
should not be deferred until the annual report, and the 
Speaker shall lay each such report before the Assembly 



Sec. 12 (2) (/) (ii) AUDIT Chap. 35 271 

forthwith if it is in session or, if not, not later than the 
tenth day of the next session. 

(2) In his annual report in respect of each fiscal year, contents 
the Auditor shall report on, 

(a) the work of the Office of the Auditor, and on 
whether in carrying on the work of the Office the 
Auditor received all the information and explanations 
required ; 

(b) the examination of accounts of receipts and dis- 
bursements of public money; 

(c) the examination of the statements of Assets and 
Liabilities, the Consolidated Revenue Fund and 
Revenue and Expenditure as reported in the Public 
Accounts, and shall express an opinion as to whether 
the statements present fairly the financial position 
of the Province, the results of its operations and 
the changes in its financial position in accordance 
with the accounting principles stated in the PubUc 
Accounts applied on a basis consistent with that of 
the preceding fiscal year together with any reserva- 
tions the Auditor may have ; 

{d) all special warrants issued to authorize payments, 
stating the date of each special warrant, the 
amount authorized and the amount expended; 

(e) all orders of the Management Board of Cabinet 
made to authorize payments in excess of appro- 
priations, stating the date of each order, the 
amount authorized and the amount expended; 

(/) such matters as, in the opinion of the Auditor, 
should be brought to the attention of the Assembly 
including, without limiting the generality of the 
foregoing, any matter related to the audit of 
agencies of the Crown or Crown controlled cor- 
porations or any cases where the Auditor has 
observed that, 

(i) accounts were not properly kept or public 
money was not fully accounted for, 

(ii) essential records were not maintained or 
the rules and procedures applied were not 
sufficient to safeguard and control public 
property or to effectively check the assess- 
ment, collection and proper allocation of 



272 



Chap. 35 



AUDIT 



Sec. 12 (2) if) (ii) 



revenue or to ensure that expenditures were 
made only as authorized, 

(iii) money was expended other than for the 
purposes for which it was appropriated, 

(iv) money was expended without due regard to 
economy and efficiency, or 

(v) where procedures could be used to measure 
and report on the effectiveness of programs, 
the procedures were not established or, in 
the opinion of the Auditor, the established 
procedures were not satisfactory. 1977, c. 61, 
s. 12. 



Inspection 
aud 



ispec 
idit 



13. — (1) The Auditor may perform an inspection audit 
in respect of a payment in the form of a grant from the 
Consolidated Revenue Fund or an agency of the Crown 
and may require a recipient of such a payment to prepare 
and to submit to the Auditor a financial statement that 
sets out the details of the disposition of the payment by 
the recipient. 



Obstruction 
of Auditor 



Offence 



(2) No person shall obstruct the Auditor or any mem- 
ber of the Office of. the Auditor in the performance of an 
inspection audit or conceal or destroy any books, papers, 
documents or things relevant to the subject-matter of the 
inspection audit. 

(3) Every person who knowingly contravenes subsection (2) 
and every director or officer of a corporation who knowingly 
concurs in such contravention is guilty of an offence and on 
conviction is liable to a fine of not more than $2,000 or to im- 
prisonment for a term of not more than one year, or to both. 



Idem, 
corporation 



(4) Where a corporation is convicted of an offence under sub- 
section (3), the maximum penalty that may be imposed upon the 
corporation is $25,000 and not as provided therein. 1977, c. 61, 
s. 13. 



Examination 
on oath 



R.S.O. 1980, 
c. 411 



14. The Auditor may examine any person on oath on any 
matter pertinent to any account subject to audit by the Auditor or 
in respect of any inspection audit by the Auditor and for the 
purpose of such an examination the Auditor has the powers con- 
ferred upon a commission under Part II of the Public Inquiries 
Act, which Part applies to the examination as if it were an inquiry 
under that Act. 1977, c. 61, s. 14. 



Proviso 



1 5. Nothing in this Act shall be construed to require the 
Auditor, 



Sec. 20 AUDIT Chap. 35 273 

(a) to report on any matter that, in the opinion of 
the Auditor, is immaterial or insignificant ; or 

{b) to audit or direct the audit of or report on the 
accounts of a body not referred to in this Act in 
the absence of such a requirement in any other 
Act in respect of the body. 1977, c. 61, s. 15. 

1 6. At the request of the standing PubHc Accounts at*standin ^ 
Committee of the Assembly, the Auditor and any member Public 

A.CCOUTltS 

of the Office of the Auditor designated by the Auditor shall committee 
attend at the meetings of the committee in order, Assembly 

(a) to assist the committee in planning the agenda 
for review by the committee of the Public Accounts 
and the annual report of the Auditor; and 

(b) to assist the committee during its review of the 
Public Accounts and the annual report of the 
Auditor, 

and the Auditor shall examine into and report on any matter 
referred to him in respect of the Public Accounts by a 
resolution of the committee. 1977, c. 61, s. 16. 

1 7 . The Auditor shall perform such special assignments f J'g^^^nments 
as may be required by the Assembly, the standing Public 
Accounts Committee of the Assembly, by resolution of the 
committee, or by a minister of the Crown in right of Ontario 
but such special assignments shall not take precedence over 
the other duties of the Auditor under this Act and the 
Auditor may decline an assignment by a minister of the 
Crown that, in the opinion of the Auditor, might conflict 
with the other duties of the Auditor. 1977, c. 61, s. 17. 

1 8. The Auditor may advise appropriate persons employed fd^ge*" 
in the public service of Ontario as to any matter that comes 

or that may come to the attention of the Auditor in the 
course of the exercise of his powers or the performance of 
his duties as Auditor. 1977, c. 61, s. 18. 

19. Audit working papers of the Office of the Auditor ^udu^^ 
shall not be laid before the Assembly or any committee papers 
of the Assembly. 1977, c. 61, s. 19. 

20. Subject to the approval of the Board and to sections 22,25 staff 
and 26, the Auditor may employ such professional staff and other 
persons as the Auditor considers necessary for the efficient opera- 
tion of the Office of the Auditor and may determine the salary of 



274 



Chap. 35 



AUDIT 



Sec. 20 



the Assistant Auditor and the salaries and remuneration, which 
shall be comparable to the salary ranges of similar positions or 
classifications in the public service of Ontario, and the terms and 
conditions of employment of the employees of the Office of the 
Auditor. 1977, c. 61, s. 20 (1). 

offlceand 21. — (1) Every employee of the Office of the Auditor, 

secrecy and before performing any duty as an employee of the Auditor, 
allegiance shall take and subscribe before the Auditor or a person 
designated in writing by the Auditor, 

(a) the following oath of office and secrecy: 

I do swear {of 

solemnly affirm) that 1 will faithfully discharge my duties as an 
employee of the Provincial Auditor and will observe and comply 
with the laws of Canada and Ontario and, except as 1 may be legally 
required, I will not disclose or give to any person any information 
or document that comes to my knowledge or possession by reason of 
my being an employee of the Office of the Auditor. 

So help me God. (Omit this line in an affirmation) 

{b) the following oath of allegiance: 

I do swear (or 

solemnly affirm) that I will be faithful and bear true allegiance to 
Her Majesty Queen Elizabeth the Second [or the reigning sovereign 
for the time being), her heirs and successors according to law. 

So help me God. (Omit this line in an affirmation) 

i^^™ (2) The Auditor may require any person or class of 

persons appointed to assist the Auditor for a limited period 
of time or in respect of a particular matter to take and 
subscribe either or both of the oaths set out in subsection (1). 



Record 
of oaths 



(3) A copy of each oath administered to an employee 
of the Office of the Auditor under subsection (1) shall be 
kept in the file of the employee in the Office of the Auditor. 



Cause for 
dismissal 



(4) The failure of an employee of the Office of the Auditor 
to take and subscribe or to adhere to either of the oaths 
required by subsection (1) may be considered as cause for dis- 
missal. 1977, c. 61, s. 21. 



Benefits 

R.S.O. 1980, 
c. 418 



22. — (1) The employee benefits applicable from time to time 
under the Public Service Act to civil servants who are not within a 
unit of employees established for collective bargaining under any 
Act apply or continue to apply, as the case may be, to the Auditor, 
the Assistant Auditor and to the full-time permanent and pro- 
bationar>' employees of the Office of the Auditor and the Board or 



Sec. 25 (2) AUDIT Chap. 35 275 

any person authorized by order of the Board may exercise the 
powers and duties of the Civil Service Commission and the 
Auditor or any person authorized in writing by the Auditor may 
exercise the powers and duties of a deputy minister under that Act 
in respect of such benefits. 

(2) The Public Service Superannuation Act appUes to the full- Super- 
time permanent and probationary employees of the Office of the benefit'"" 
Auditor as though the Office of the Auditor were a commission R so. i980. 
designated by the Lieutenant Governor in Council under section *^ 
28 of that Act and to the Auditor and Assistant Auditor as though 
they were members of such a commission who held positions 
designated by and whose requests for such designations had been 
approved by the Lieutenant Governor in Council under section 28 
of that Act and all credits in the Public Service Superannuation 
Fund of the full-time permanent and probationary employees of 
the Office of the Auditor and of the Auditor and the Assistant 
Auditor accumulated under that Act immediately before the 1st 
day of April, 1978 are preserved and continued in accordance with 
that Act. 1977, c. 61, s. 22, revised. 

23. Subject to the approval of the Board, the Auditor Expert 

&SS1Sl£LI1C6 

from time to time may appoint one or more persons having 
technical or special knowledge of any kind to assist the 
Auditor for a limited period of time or in respect of a 
particular matter and the moneys required for the purposes 
of this section shall be charged to and paid out of the Con- 
solidated Revenue Fund. 1977, c. 61, s. 23. 

24. The Auditor may delegate in writing to any other o^authorit 
member of the Office of the Auditor authority to exercise 

any power or perform any duty of the Auditor other than 
reporting to the Assembly. 1977, c. 61, s. 24. 

25. — (1) An employee of the Office of the Auditor shall Po^i.i«caj 

not ofemplqyees 

of the Office 



activities 
of employe 
of the Offlc 
of the Auditor 



(a) be a candidate in a provincial or federal election 
or in an election for any municipal office including 
a local board of a municipality within the meaning of the 
Municipal Affairs Act; ' R s^o. i980. 

(b) solicit funds for a provincial, federal or municipal 
party or candidate; or 

(c) associate his position in the Office of the Auditor 
with any political activity. 

(2) Contravention of anv of the provisions of subsection ( 1) may Caus* for 
be considered as cause for dismissal. 1977, c. 61, s. 25. 



276 



Chap. 35 



AUDIT 



Sec. 26 (1) 



Conduct 
and 

discipline 



26. — (1) The Auditor may make orders and rules for 
the conduct of the internal business of the Office of the 
Auditor and, after a hearing, may suspend, demote or dis- 
miss any employee of the Office of the Auditor for cause. 



Hearing 
R.S.O. 1980, 
c. 418 



(2) The provisions of the Public Service Act and the regulation 
thereunder that apply in relation to suspension from employment 
pending an investigation and in relation to a hearing by a deputy 
minister or his delegate as to cause for dismissal, other than as to 
notice to the Civil Service Commission, apply with necessary 
modifications where the Auditor is of the opinion that there may 
exist cause for the suspension without pay, demotion or dismissal 
of an employee of the Office of the Auditor, and, for the purpose, 
the Auditor shall be deemed to be a deputy minister. 



Appeals (3) A decision of the Auditor to demote, suspend or dismiss an 

employee may be appealed by the employee, within fourteen days 
after the decision has been communicated to him, to the Public 
Service Grievance Board established under the Public Service 
Act. 



Grievance 
Board 
authorized 
to hear 
appeals 



(4) The Public Service Grievance Board may hear and dispose 
of an appeal under this section and the provisions of the regulation 
under the Public Service Act that apply in relation to a grievance 
for dismissal apply with necessary modifications to an appeal 
under this section, and, for the purpose, the Auditor shall be 
deemed to be a deputy minister and the decision of the Public 
Service Grievance Board is final and the Public Service Grievance 
Board shall report its decision and reasons in writing to the 
Auditor and to the appellant. 1977, c. 61, s. 26. 



Proceedings 27. — (1) No proceedings lie against the Auditor, the 
Assistant Auditor, any person employed in the Office of 
the Auditor or any person appointed to assist the Auditor 
for a limited period of time or in respect of a particular 
matter, for anything he may do or report or say in the course 
of the exercise or the intended exercise of functions under 
this Act, unless it is shown that he acted in bad faith. 



Information 
confidential 



R.S.C. 1970, 
c. C-34 



(2) The Auditor, the Assistant Auditor and each person 
employed in the Office of the Auditor or appointed to assist 
the Auditor for a limited period of time or in respect of a 
particular matter shall preserve secrecy with respect to all 
matters that come to his knowledge in the course of his 
employment or duties under this Act and shall not com- 
municate any such matters to any person, except as may be 
required in connection with the administration of this Act 
or any proceedings under this Act or under the Criminal 
Code (Canada). 1977, c. 61, s. 27. 



Sec. 29 (4) AUDIT Chap. 35 277 

28. A person or persons, not employed by the Crown or the Examination 
Office of the Assembly, licensed under the Public Accountancy of OfficTof 
Act and appointed by the Board, shall examine the accounts ^^^ '^"^''°'" 
relating to the disbursements of public money on behalf of the f 40? ^^^°' 
Office of the Auditor and shall report thereon to the Board and the 
chairman of the Board shall cause the report to be laid before the 
Assembly if it is in session or, if not, at the next ensuing 
session. 1977, c. 61, s. 28. 

20. — (1) The Auditor shall present annually to the Board Estimates 
estimates of the sums of money that will be required for 
the purposes of this Act. 

(2) The Board shall review and may alter as it considers f^^®^^^ 
proper the estimates presented by the Auditor, and the 
chairman of the Board shall cause the estimates as altered 

by the Board to be laid before the Assembly and the 
Assembly shall refer the estimates laid before it to a com- 
mittee of the Assembly for review. 

(3) Notice of meetings of the Board to review or alter the Notice 
estimates presented by the Auditor shall be given to the 
chairman and the vice-chairman of the standing Public 
Accounts Committee of the Assembly and the chairman and 

the vice-chairman may attend at the review of the estimates 
by the Board. 

(4) The moneys required for the purposes of this Act,^°°®y^ 
other than under sections 5 and 23, shall be paid out of the 
moneys appropriated therefor by the Legislature. 1977, c. 61, 

s. 29. 



Sec. 5 BAIL Chap. 36 279 



CHAPTER 36 
Bail Act 



1. In cases in which a person has been committed for trial crown 

&tjtori!icv 

and is admitted to bail, the Crown attorney shall, and, in any to deliver 
other case in which a person is admitted to bail, the Crown certmcaTe 
attorney may, deliver or transmit a certificate of lien (Form 1) °^^^^^ 
to the sheriff of the county in which the land mentioned 
therein is situate. R.S.O. 1970, c. 37. s. 1. 



2. Upon the receipt of a certificate of lien, the sheriff shall. Endorse- 

. , e 11 1 1 r 1 , mentand 

Without fee, endorse thereon the day of the year, the month, index book 
the hour and the minute of its receipt and shall enter in an 
alphabetically-arranged index book kept for the purpose the 
name of the surety shown on the certificate of lien. R.S.O. 
1970. c. 37, s. 2. 



3. — (1) The sheriff forthwith upon the receipt of a certi- Sheriff to 

d.6liv6r or 

ficate of lien affecting land under the land titles system shall transmit 
deliver or transmit to the land registrar a copy of the certificate of lanltiues 
lien without his endorsement. °®°® 



(2) Upon the receipt of a copy of a certificate of lien, the ^'"}/^}" . 
land registrar shall, without fee, endorse thereon the day of the 
year, the month, the hour and the minute of its receipt and shall 
enter in an alphabetically-arranged index book kept for the pur- 
pose the name of the surety shown on the certificate of 
lien. R.S.O. 1970, c. 37, s. 3. 



4 . Where the land mentioned in the certificate of lien is under ^Vhcrc land 

1 • 1 y~i 1 ■ • 1 • under 

the registr>' system, the Crown, as soon as the entry mentioned in ngistry 
section 2 is made, has a lien against the surety's property men- ^>''»^™ 
tioned in the certificate of lien for an amount equal to the amount 
for which he offered himself as a surety as shown in the certificate 
of lien. R.S.O. 1970, c. 37, s. 4. 



5. Where the land mentioned in the certificate of lien is under where land 

. under land 

the land titles system, the Crown, as soon as the entr>- mentioned titles 
in subsection 3 (2) is made, has a lien against the surety's property *'***^'" 
mentioned in the certificate of lien for an amount equal to the 
amount for which he offered himself as a surety as shown in the 
certificate of lien. R.S.O. 1970, c. 37, s. 5. 



280 



Chap. 36 



BAIL 



Sec. 6 



Certificate 
re execution 
against 
lands 



6. Where a certificate respecting executions against lands is 
required from a sheriff or land registrar, he shall, without addi- 
tional fee, include in the execution certificate a statement as to 
whether there is a name shown on the index book mentioned in 
section 2 or subsection 3 (2), as the case may be, that is the same as 
the name shown on the certificate. R.S.O. 1970, c. 37, s. 6. 



Crown 

attorney 
to deliver 
or transmit 
copy of 
certificate 
of discharge 



7. As soon as a surety is discharged, the lien is discharged, 
and the Crown attorney shall deliver or transmit a certificate of 
discharge (Form 2) to the sheriff to whom the certificate of 
lien was delivered or transmitted. R.S.O. 1970, c. 37, s. 7. 



Disposal of 
certificate 
of lien in 
sherifi^s 
office 



8. Upon the receipt of a certificate of discharge, the sheriff 
shall attach the certificate of discharge to the proper certi- 
ficate of lien and strike the name of the surety from the index 
book kept pursuant to section 2. R.S.O. 1970, c. 37, s. 8. 



Sheriff to 
deliver or 
transmit 
copy of 
certificate 
of dischcirge 
to land 
registrar 

Disposal of 
certificate 
of lien in 
land titles 
office 



9. — (1) Where the land mentioned in a certificate of dis- 
charge is under the land titles system, the sheriff forthwith 
upon the receipt of the certificate of discharge shall deliver 
or transmit to the land registrar a copy of the certificate of dis- 
charge. 

(2) Upon the receipt of a copy of a certificate of discharge 
from the sheriff, the land registrar shall attach the copy of the 
certificate of discharge to the proper certificate of lien and strike 
the name of the surety from the index book kept pursuant to 
subsection 3 (2). R.S.O. 1970, c. 37, s. 9. 



Form 2 BAIL Chap. 36 281 

FORM 1 

{Section 1) 

Certificate of Lien 

I, Crown attorney for the 

,. of , hereby certify 

that.^. .^.^.,^.-r. . :. of the 

of is a surety for bail in the 

sum of $ for the appearance of 

The surety has real property as follows : 



Street address 

Lot and plan number. 



{or if in land titles) 

Parcel number 

Dated at this day of 

19... 



Crown Attorney 
for the County of 



R.S.O. 1970, c. 37. Form 1. 



FORM 2 

{Section 7) 

Certificate of Discharge 

The certificate of lien, dated the day of 

19 wherein was named 

surety for the appearance of in the amount 

of $ is discharged. 



Dated at this day of 

19.... 



Crown Attorney 
for the County of 



R.S.O. 1970. c. 37, Form 2. 



Sec. 2 BAILIFFS Chap. 37 283 



CHAPTER 37 
Bailiffs Act 



1. In this Act, interpre- 

tation 

{a) "bailiff" means a person who acts, assists any 
person to act or holds himself out as being available 
to act for or on behalf of any other person in the 
repossession or seizure of chattels or in any eviction ; 

(b) "business premises" does not include a dwelling; 

(c) "county" includes united counties and a provisional 
judicial district; 

{d) "county court" includes a district court; 

(e) "dwelling" means any premises or any part thereof 
occupied as living accommodation; 

(/) "Minister" means the Minister of Consumer and Com- 
mercial Relations; 



(g) "Registrar" means the Registrar of Collection Agencies 

under the Collection Agencies Act: RS.o. i980, 

° ' c. 73 

(h) "regulations" means the regulations made under this 
Act; 

(i) "Treasurer" means the Treasurer of Ontario and Minis- 
ter of Economics; 

ij) "Tribunal" means The Commercial Registration Appeal 

Tribxinalunder the Ministry of Consumer and Comtner- ^^^ *'*°' 
cial Relations Act. R.S.O. 1970, c. 38, s. 1; 1971,c. 50, ' 
s. 10(1-3); 1972, c. 1, ss. 23 (5), 25; 1972, c. 3, s. 17 (1). 

2. This Act does not apply to a person while acting as a Application 
bailiff under a small claims court process or on behalf of 
a sheriff. R.S.O. 1970, c. 38, s. 2. 



284 



Chap. 37 



BAILIFFS 



Sec. 3 (1) 



Appointment 

R.S.O. 1980, 
c. 706 



Idem 



Consent of 
county judge 
for bailiff 
to act 



Costs out- 
side county 



R.S.O. 1980, 
c. 98 



3. — (1) No person, other than a person appointed as a 
bailiff under the Small Claims Courts Act or a. sheriffs baihff, 
shall act as a bailiff unless he has been appointed by the 
Lieutenant Governor on the recommendation of the Minister. 

(2) An appointment shall designate the county for which 
the bailiff is appointed. R.S.O. 1970, c. 38, s. 3. 

4. A bailiff may act as a bailiff in a county other than the 
county for which he is appointed if he first obtains the con- 
sent of a judge of the county court of the county in which 
he proposes to act. R.S.O. 1970, c. 38, s. 4. 

6. — (1) The costs of a bailiff for travelling or accom- 
modation outside the county for which he is appointed 
shall not be charged as recoverable costs in a seizure, 
repossession or eviction unless the costs are taxed under 
the Costs of Distress Act and the clerk of the county court 
is satisfied that it was not practicable for the seizure, 
repossession or eviction to be made by a bailiff appointed for 
the county in which the repossession, seizure or eviction was 
made. 



Mem (2) For the purpose of subsection (1), section 6 of the 

Costs of Distress Act applies to costs in an eviction as if 
such costs were costs in a seizure or repossession. R.S.O. 
1970, c. 38, s. 5. 

Application Q, An application for appointment as a bailiff shall be 
ment made to the clerk of the peace in the county in which the 

applicant intends to carry on business as a bailiff and shall 

state, 

{a) the name and residence of the applicant ; 

{b) the place where the applicant intends to carry on 
business ; 

(c) the qualifications of the applicant to act as a bailiff; 

{d) any circumstance indicating that a bailiff is needed 
for the public convenience in the place where the 
applicant intends to carry on business as a bailiff ; and 

{e) whether the apphcant has previously acted as a 
bailiff and, if so, where. R.S.O. 1970, c. 38, s. 6. 



Examination 



7. Upon receiving an application, the clerk of the peace 
shall examine the applicant and shall forward the results 
of the examination, together with the security required by 



Sec. 10 (4) BAILIFFS Chap. 37 285 

section 14 and his recommendations, to the Registrar. R.S.O. 
1970, c. 38, s. 7; 1971, c. 50, s. 10 (4). 

8. The Minister may recommend the appointment of the^^°°i"- 

,. , , .,.„ ., ■' *^*^ mendatlon 

apphcant as a baihrf if, by Minister 

(a) the apphcant has comphed with this Act and the 
regulations; 

(6) the apphcant is quahfied to act as a bailiff ; and 

(c) a bailiff is needed for the public convenience in 
the county in which the applicant intends to carry 
on business as a bailiff. R.S.O. 1970, c. 38, s. 8. 



9. Subject to section 10, the Registrar may revoke an ^fl^^m? 
appointment where the bailiff, ment 

(a) has not complied with this Act or the regulations or the 

Costs of Distress Act; or R so. i98o, 

•' ' c. 98 

(b) is, in the opinion of the Registrar, incompetent or 
without capacity to act responsibly as a bailiff. 
1971. c. 50. s. 10 {5), part. 

10. — (1) Where the Registrar proposes to revoke an appoint- ^°^°%^i 
ment, he shall serve notice of his proposal, together with written to revoke 
reasons therefor, on the bailiff. 



(2) A notice under subsection (1) shall inform the bailiff that he ^q^irtng 
is entitled to a hearing by the Tribunal if he mails or delivers, hearing 
within fifteen days after the notice under subsection (1) is served 

on him, notice in writing requiring a hearing to the Registrar and 
the Tribunal, and he may so require such a hearing. 

(3) Where a bailiff does not require a hearing by the Tribunal in 1^^®^.^ 
accordance with subsection (2), the Registrar may carry out the J^j^°° 
proposal stated in his notice under subsection (1). 

(4) Where a bailiff requires a hearing by the Tribunal in ^^^^^ 
accordance with subsection (2), the Tribunal shall appoint a ^^^^^ 
time for and hold the hearing and, on the apphcation of the 
Registrar at the hearing, may by order direct the Registrar 

to carry out his proposal or refrain from carrying out his 
proposal and to take such action as the Tribunal considers 
the Registrar ought to take. 



286 

Parties 



Chap. 37 



BAILIFFS 



Sec. 10 (5) 



(5) The Registrar, the bailiff who has required the hearing 
and such other persons as the Tribunal may specify are 
parties to proceedings before the Tribunal under this section. 



Service 
of notice 



(6) The Registrar may serve notice under subsection (1) on 
a bailiff personally or by registered mail addressed to his 
address last known to the Registrar and, where service is made 
by registered mail, the service shall be deemed to be made 
on the third day after the day of mailing unless the bailiff 
on whom service is being made establishes that he did not, 
acting in good faith, through absence, accident, illness or 
other cause beyond his control receive the notice or order 
until a later date. 1971, c. 50, s. 10 (5), part. 



Order 
cffecti\e 
not- 
withstanding 
appeal 

R.S.O. 1980, 
c. 2 74 



Complaints 



1 1 . Notwithstanding that a bailiff appeals from an order 
of the Tribunal under section 11 of the Ministry of Con- 
sumer and Commercial Relations Act, the order takes effect 
immediately but the Tribunal may grant a stay until 
disposition of the appeal. 1971, c. 50, s. 10 (5), part; 
1972, c. 1, s. 22> (5). 

12. — (1) Any person who has a complaint against a 
bailiff may make his complaint to the clerk of the peace in the 
county for which the bailiff is appointed. R.S.O. 1970, 

c. 38, s. 10(1). 



Idem 



(2) The clerk of the peace shall investigate the complaint 
and forward the complaint, together with the results of his 
investigation, to the Registrar. R.S.O. 1970, c. 38, s. 10 (2); 
1971,c. 50, s. 10(6). 



1 3. — (1) No person shall engage in business as a bailiff while 



Not to 
engage in 

business of an employee of or engaging in the business of a collection 

collection f j o o o 

agency 



agency. R.S.O. 1970, c. 38, s. 11 (1). 

Change of (2) A persou authorized to engage in the business of a 

address bailiff shall notify the Registrar of any change in the address 

of the place of business. R.S.O. 1970, c. 38, s. 11 (2); 

1971,c. 50, s. 10(7). 



Books of 
account 



R S.O. 1980. 
c. 405 



(3) Every bailiff shall keep and maintain books of account 
in accordance with accepted principles of double-entry book- 
keeping, and shall obtain an audit of his books of account 
and financial transactions annually by a public accountant 
MctnstdundQrtht Public Accountancy Act. R.S.O. 1970, c. 38, 
s. 11 (3). 



stat^men\ ('^^ Every bailiff shall furnish the Registrar with a financial 

statement in such form and at such times as the Registrar 
requires. R.S.O. 1970, c. 38, s. 11 (4); 1971, c. 50, s. 10 (8). 



Sec. 14 (3) BAILIFFS Chap. 37 287 

(5) The Registrar may appoint in writing a person to investigation 
investigate the business of a baiUff as a baihff and any 

such person, upon the production of evidence of his appoint- 
ment under this subsection, may enter between 9 o'clock 
in the forenoon and 5 o'clock in the afternoon the business 
premises of the bailiff and examine books, papers, documents 
and things relating to his business as a bailiff. 

(6) No person shall obstruct a person appointed to make Obstruction 
an investigation under subsection (5) or withhold from him or investigator 
conceal or destroy any books, papers, documents or things rele- 
vant to the subject-matter of the investigation. 1971, c. 50, 

s. 10 (9). 

(7) Ever>' bailiff shall maintain an account designated as '^^^^^ 
a trust account in a chartered bank, the Province of 
Ontario Savings Office, a credit union, as defined in the Credit R so. i980. 
Unions and Caisses Populaires Act or a registered trust company *^ 

in which he shall deposit all moneys received by him on behalf of 
other persons, less any lawful fees or charges, and such moneys 
shall be kept and accounted for separately from any other moneys. 
R.S.O. 1970, c. 38, s. 11 (6); 1980, c. 6, s. 2. 

(8) Before the fifteenth day of each month, every bailiff f^r'and"^*^ 
shall account to the persons entitled thereto for any moneys Pf^^^^l^' 
received in trust during the previous month and shall pay the moneys 
moneys, less lawful fees and charges. 

(9) Within six months after a bailiff receives moneys ?/ u^°^aimed 
held under subsection (7), the bailiff shall make every effort to trust moneys 
locate the person entitled to the moneys, and shall pay 

any moneys thereafter remaining unclaimed to the Treasurer 
who may pay the moneys to any person who satisfies the 
Treasurer that he is entitled thereto. R.S.O. 1970, c. 38, 
s. 11 (7, 8). 

14. — (1) No person shall act as a bailiff unless he is bonded in Bonding 
the prescribed amount and form. 

(2) The bond shall be, ^^^"^ 

(a) a personal bond accompanied by collateral security ; 

(b) a bond of a guarantee company approved under the 
Guarantee Companies Securities Act; or f^o? *^*°' 

(c) a bond of a guarantor, other than a guarantee com- 
pany, accompanied by collateral security. 

(3) The collateral security shall be direct or guaranteed JJSr^ 
securities of the Government of Canada or of the Govern- 
ment of Ontario. R.S.O. 1970, c. 38, s. 12. 



288 



Chap. 37 



BAILIFFS 



Sec. 15 (1) 



Forfeiture J 5. — (1) Where an appointment has been revoked under sec- 

ofbond . ' , 

tion 9 or 10 and, 



R.S.C. 1970, 
c. C-34 



(a) the bailiff has been convicted of an offence in- 
volving fraud, theft, assault, libel or breaking and 
entering under the Criminal Code (Canada) while 
acting as a bailiff, or of a conspiracy or an attempt 
to commit such an offence, and the conviction has 
become final ; or 



(b) the bailiff has had a judgment for the recovery of 
money paid for services not performed or based 
on a finding of fraud, conversion, assault, libel or 
trespass committed while acting as a bailiff entered 
against him, and the judgment has become final, 

the Minister may direct that the bond of the bailiff be 
forfeited. R.S.O. 1970, c. 38. s. 13 (1); 1971, c. 50, s. 10 (10). 



Idem 



(2) Upon a direction being made under subsection (1), the 
bond is forfeited and the amount of the bond becomes due and 
owing as a debt due to the Crown in right of Ontario. 
R.S.O. 1970, c. 38, s. 13(2). 



collateral ^^* — ^^^ Where a bond secured by the deposit of col- 

security lateral security is forfeited, the Treasurer may sell the 
collateral security at the current market price. 



Payment of 
proceeds 



(2) The Treasurer may. 



(a) assign any bond forfeited under section 15 and transfer 
the collateral security, if any; 

(6) pay over any money recovered under the bond; and 

(c) pay over any money realized from the sale of 
the collateral security, 

to any judgment creditor of the bailiff bonded for claims 
arising out of the circumstance under which the bond was 
forfeited, or to the Accountant of the Supreme Court in trust 
for any person who becomes such judgment creditor. 



Idem (3) Where a bond has been forfeited or cancelled and 

the Treasurer has not received notice in writing of any 
claim against the proceeds of the bond or such part as 
remains in the hands of the Treasurer within two years of 



Sec. 19 (c) BAILIFFS Chap. 37 289 

the forfeiture or cancellation, the Treasurer may pay the 
proceeds or part remaining to any person who made a 
payment under the bond. R.S.O. 1970, c. 38, s. 14. 

17. Every person employed in the administration of ^^^l'^ 
this Act, including any person making an examination under 
section 13, shall preserve secrecy in respect of all matters 
that come to his knowledge in the course of his duties, 
employment or examination and shall not communicate any 
such matters to any other person except, 

(a) as may be required in connection with the adminis- 
tration of this Act and the regulations or any 
proceedings under this Act or the regulations; 

(6) to his counsel ; or 

(c) with the consent of the person to whom the infor- 
mation relates. 1971,c. 50, s. 10(11). 

1 8. — (1) Every person who contravenes any provision of this offence 
Act is guilty of an offence and on conviction is liable to a fine of not 
more than $1,000. 

(2) No proceeding under subsection (1) shall be commenced Limitation 
more than one year after the facts upon which the proceeding is 
based first came to the knowledge of the Director of the Consumer 
Protection Division of the Ministry of Consumer and Commerical 
Relations. R.S.O. 1970, c. 38, s. 15. 

19. The Lieutenant Governor in Council may make regula- ^®^"i**^*o°8 
lions, 

(a) prescribing forms and providing for their use ; 

(6) prescribing fees for applications ; 

(c) prescribing the amount of bonds and collateral 
security to be furnished under this Act. R.S.O. 1970, 
c. 38,s. 16; 1971,c. 50, s. 10(12). 



* I'.^i. 



Sec. 3 (3) BARRISTERS Chap. 38 291 

CHAPTER 38 
Barristers Act 



1. A person who is or has been Minister of Justice andcauof 

i^iiiist)6r of 

Attorney General of Canada or Sohcitor General of Canada Justice 
is entitled to be called to the bar of Ontario without com- Generator ^^ 
plying with the Late Society Act or any of the regulations Genera°^ 
or rules of the Society as to admission, examinations, pay- R so. i980, 
ment of fees or otherwise, and is thereupon entitled to*^^^^ 
practise at the bar of Her Majesty's courts in Ontario. R.S.O. 
1970, c. 39, s. 1. 

2. — (1) The Lieutenant Governor, by letters patent under green's 
the Great Seal, may appoint from the members of the bar 
of Ontario such persons as he considers proper to be, 
during pleasure, provincial officers under the name of "Her 
Majesty's counsel learned in the law" for Ontario. 

(2) The disbarment of a barrister who holds an appointment J^'^^^^'^^^'if 
as a Queen's counsel for Ontario has the effect of revoking appointment 
such appointment. R.S.O. 1970, c. 39, s. 2. 

3. — (1) The following members of the bar of Ontario have ^^^^^J"jj°fjj^.g 
precedence in the courts of Ontario in the following order: at the bar 

1. The Minister of Justice and Attorney General of 
Canada. 

2. The Attorney General for Ontario. 

3. The members of the bar who have held the office of 
Minister of Justice and Attorney General of Canada 
or Attorney General for Ontario or Minister of 
Justice and Attorney General for Ontario, according 
to seniority of appointment. R.S.O. 1970, c. 39, s. 3 
(1); 1972, c. 1, s. 9 (7). 

(2) The Lieutenant Governor, by letters patent under the ^*g'®g°^^|jj°^g 
Great Seal, may grant to any member of the bar a patent 

of precedence in the courts of Ontario. 

(3) Queen's counsel for Ontario have precedence in the Jf^'^'^^fg^g^^ce 
courts according to seniority of appointment unless otherwise ^^o'lnsei 
provided in the letters patent. 



292 



Chap. 38 



BARRISTERS 



Sec. 3 (4) 



of'othw"^® (4) The remaining members of the bar, as among them- 
membersof selves, have precedence in the courts in the order of their 
call to the bar. 



Crown 
Counsel 



(5) Nothing in this Act affects or alters any rights of pre- 
cedence that appertain to any member of the bar when 
acting as counsel for Her Majesty, or for any attorney 
general of Her Majesty, in any matter depending in the name 
of Her Majesty or of the attorney general before the courts, 
but such right and precedence remain as if this Act had not 
been passed. R.S.O. 1970, c. 39, s. 3 (2-5). 



Sec. 3 (2) (a) (i) beach protection Chap. 39 293 

CHAPTER 39 
Beach Protection Act 



1. In this Act, Interpre- 

tatlon 

(a) "licence" means a licence issued under this Act; 

(b) "Minister" means the Minister of Natural Resources; 

(c) "regulations" means the regulations made under this 
Act; 

{d) "sand" includes earth, gravel and stone. R.S.O. 
1970, c. 40, s. 1; 1972. c. 4, s. 12. 

2. — (1) The Minister may issue licences for the taking of location 
sand from the bed, bank, beach, shore or waters of any lake, ofucence 
river or stream or from any bar or flat in any lake, river 
or stream or adjoining any channel or entrance to any lake, 
river or stream in accordance with the regulations. R.S.O. 
1970, c. 40, s. 2 (1) ; 1971, c. 50, s. 11 (1). 

(2) Each licence is effective only in the geographical area of^^n°e° 
defined therein, and shall contain such particular terms and 
conditions as to its operation as the Minister may direct. 
R.S.O. 1970,c. 40,s. 2(2). 

3. — (1) The Minister may refuse to issue a licence to take Refusal 
sand from a bed, bank, beach, shore, waters, bar or flat men- licence 
tioned in subsection 2(1) that is the property of the Crown on any 
ground upon which he considers it to be contrary to the public 
interest to issue the licence. 

(2) Subject to section 11, where a bed, bank, beach, shore, i"*®™ 
waters, bar or flat mentioned in subsection 2 (1) is owned by a 
person other than the Crown, the owner or a person who has 
acquired from the owner the right to remove sand therefrom is 
entitled to be issued a licence by the Minister unless the Minister is 
of opinion that, 

{a) the taking or removal of sand therefrom is contrary 
to the public interest on the ground that it will, 

(i) unduly impair or interfere with the natural 
state or use of waters or the value or use of 
property, 



294 



Chap. 39 



BEACH PROTECTION 



Sec. 3 (2) (a) (ii) 



(ii) likely cause undue erosion of or accretion to 
lands, or 



(ill) likely create a threat to roads, rights-of-way, 
structures or , installations or to health or 
safety, 

in the place from which the sand is to be taken or 
the area adjacent or near to such place ; or 

{b) the equipment that the applicant proposes to use 
for removal of the sand is not proper or suitable 
for such purpose. 



(3) The Minister may, in accordance with section 4, 



Suspension, 
etc., of 

licence refuse to renew or may suspend or revoke a licence, 



Reference 
to Mining 
and Lands 
Com- 
missioner 



Hearing 



Application of 
R.S.O. 1980, 
c. 484, 
ss. 6-16, 21-23 

Assistance 
for Com- 
missioner 



Report 
of Com- 
missioner 



(a) if the licensee has contravened or failed to comply 
with the terms and conditions of the licence; or 

(b) on any grounds upon which he might refuse to 
issue the licence if application was being made for it 
in the first instance. 1971, c. 50, s. 11 (2), part. 

4. — (1) Subject to subsection (7), before refusing to issue a 
licence under subsection 3 (2) or to renew any licence or 
before suspending or revoking any licence, the Minister shall refer 
the matter to the Mining and Lands Commissioner for a hearing 
and report. 

(2) Pursuant to a reference by the Minister under this 
section, the Mining and Lands Commissioner shall hold a 
hearing as to whether the licence to which the hearing relates 
should be issued or renewed or should be suspended or revoked, 
as the case may be, and the applicant or licensee and such 
other person as the Commissioner specifies shall be parties to 
the hearing. 

(3) Sections 6 to 16 and 21 to 23 of the Statutory Powers 
Procedure Act apply with respect to a hearing under this section. 

(4) The Mining and Lands Commissioner may obtain the 
assistance of engineers, surveyors or other scientific persons 
who may under his order view and examine the property in 
question, and in making his report he may give such weight 
to their opinion or report as he considers proper. 

(5) At the conclusion of a hearing under this section, the 
Mining and Lands Commissioner shall make a report to the 
Minister setting out his findings of fact and any information 
or knowledge used by him in reaching his recommendations, 



Sec. 7 BEACH PROTECTION Chap. 39 295 

any conclusions of law he has arrived at relevant to his 
recommendations and his recommendations as to the issue, 
renewal, susjjension or revocation of the licence to which the 
hearing relates, as the case may be, and shall send a copy 
of his report to the applicant or licensee to whom it relates. 

(6) After considering the report of the Mining and Lands mISsS"' 
Commissioner under this section, the Minister may thereupon 

refuse to issue or to renew or may susf)end or revoke the 
licence to which the report relates and shall give notice of his 
decision to the applicant or licensee specifying the reasons 
therefor. 

(7) Notwithstanding subsection (1), the Minister, by notice P™^8i9°ai 
to a licensee and without referring the matter to the etc. 
Mining and Lands Commissioner for a hearing, may pro- 
visionally refuse renewal of, or suspend the licensee's licence 

where the continuation of operations under the licence is, in 
the Minister's opinion, an immediate threat to the pubhc 
interest and the Minister so states in such notice, giving his 
reasons therefor, and the Minister shall forthwith thereafter 
refer the matter to the Mining and Lands Commissioner and 
the provisions of subsections (1) to (6) shall apply. 1971, 
c. 50, s. 11 (2), part; 1973, c. 105, s. 4. 

5. — (1) No person, unless he is the holder of a licence, shall f|a?ngt"°° 
take or carry away in any boat, vessel, craft, cart, truck or ^*^*'^8*'^<* 
other conveyance, or otherwise transport by land or water or 
remove by drag-line or other mechanical device, any sand from 
a bed, bank, beach, shore, waters, bar or fiat mentioned in 
subsection 2 (1) whether or not such bed, bank, beach, shore, 
waters, bar or flat is owned by such person. 

(2) Subsection (1) does not apply to the removal of sand, u^lfcenot 

required 

(a) by a municipality for municipal use ; or 

(b) by a bona fide resident of Ontario for his personal use 
and not for resale or for use for commercial purposes, 
if the removal is with the written consent of an 
official designated by the council of the local muni- 
cipality in which the sand is situate. R.S.0. 1970, c. 40, 
S.3. 

6. Subject to subsection 5 (2), no person shall go upon any bed, p®j°/jjt ^^ 
bank, beach, shore, waters, bar or flat mentioned in subsection 2 remove 

sand 

(1) for the purpose of removing or assisting to remove any sand 
therefrom except under the authority of a licence. R.S.O. 1970, 
c. 40, s. 4. 

7. No person shall have on board his vessel or on a vessel ^^^ 

in his possession or control any sand taken contrary to this ^^^^^ 
Act. R.S.O. 1970, c. 40, s. 5. vessel 



296 



Chap. 39 



BEACH PROTECTION 



Sec. 8 (1) 



Issue of 

search 

warrant 



8. — (1) Where a person makes oath before a justice of the 
peace that he has reason to believe and does believe that 
sand, in contravention of section 5, 6 or 7, is on board any 
vessel, or at any place, the justice of the peace shall issue a 
search warrant directed to a sheriff, police officer, constable or 
bailiff, who shall forthwith proceed to search the vessel or place 
and, if any sand is found thereon or thereat, he shall seize 
it and the vessel, if any, in which it is contained, and shall keep 
them secure until final action as hereinafter provided is had 
thereon. 



Prosecution 



(2) The owner, master or person in possession of the vessel, 
or person in possession of sand, shall, without further infor- 
mation laid, be summoned forthwith by the justice who issued 
the warrant to appear before a provincial offences court, and if 
such owner, master or person in possession fails to appear, or if it 
is shown to the satisfaction of the court that a contravention has 
taken place, the court may convict the owner, master or person in 
possession. R.S.O. 1970, c. 40, s. 6. 



Removal of 
sand from 
bed of 
certain 
streams 
prohibited 



9. — (1) No person shall remove any sand from the bed of 
any river, stream or creek running between two municipalities 
without the consent of the councils of such municipalities, 
and in no case shall any sand be removed from the bed of 
any river, stream or creek so as to injure or endanger the 
safety of any bridge, drainage pipe, watermain or other struc- 
ture erected or laid by a municipal corporation. 



Offence 



(2) Every person who contravenes any provision of sub- 
section (1) is guilty of an offence and on conviction is liable to a fine 
of not less than $10 and not more than $25. R.S.O. 1970, c. 40, 

s. 7. 



Removal of 
sand from 
street or 
road 
prohibited 



10. — (1) No person shall remove any sand from any street 
or road or from the extension of any street or road into any 
river or lake without the consent of the council of the muni- 
cipality in which it is situate. 



Offence 



(2) Every person who contravenes any provision of sub- 
section ( 1 ) is guilty of an offence and on conviction is liable to a fine 
of not more than $10 for every load removed. R.S.O. 1970, 
c. 40, s. 8. 



Removal 
of sand 
from Erie, 
Ontario, 
Huron 



1 1 . — (1) Notwithstanding any other provision of this or any 
other Act or in any regulation or order made under this or any 
other Act, the Lieutenant Governor in Council may make regula- 
tions prohibiting or restricting, subject to the terms and conditions 
contained therein, the taking, removing and carrying away by 
cart, truck, vessel or any other vehicle or water craft of any sand 



Sec. 16 (1) BEACH PROTECTION Chap. 39 297 

from any bed, beach, shore or waters of or adjacent to any part of 
the shores of Lake Erie, Lake Ontario or Lake Huron, or from any 
land covered by the waters of any of such lakes adjacent to such 
shore, or from any sandbar or flat therein or adjoining any channel 
or entrance thereto as described in the regulations. 

(2) Such prohibition or restriction extends to the owner, ^^S|i°.^ 
tenant or occupant of any such bed, beach, shore, sandbar or restriction 
or flat and to any person claiming under the authority of 

any municipal corporation or of any order of the Ontario 
Municipal Board and to every other individual and corporation. 

(3) Every person who contravenes the prohibition or restric- offence 
tion contained in any such regulation is guilty of an offence 

and on conviction is liable to a fine of not less than $10 and not 
more than $100. R.S.O. 1970, c. 40, s. 9. 

12. Every person who contravenes any of the provisions General 
of this Act or the regulations is guilty of an offence and on consent'to 
conviction, if no other penalty is provided, is liable to a fine of not 

less than $10 and not more than $1,000, but no prosecution shall 
be commenced except with the consent in writing of the Attorney 
General. R.S.O. 1970, c. 40, s. 10; 1972, c. 1, s. 9 (7). 

1 3. Except as otherwise provided in this Act, the Provincial ^pp'^*^°" *>^ 
Offences Act applies to all proceedings taken under this c. 400 
Act. R.S.O. 1970, c. 40, s. 11. 

14. In addition to the method of service prescribed by serviceof 
the Provincial Offences Act, any summons or other proceeding 

may, where it is directed to a person on board a vessel, be served 
by leaving it, or a copy thereof, with the person who is or appears 
to be in charge or command of the vessel. R.S.O. 1970, c. 40, 
s. 12. 

15. Where it is proved in any prosecution under this Burden 
Act that the accused has done or committed any act or 
thing for which a licence or the consent of any person or 
persons is required under this Act, the burden of proving 

that the required licence was issued or consent was given 
shall rest upon the accused. 1971, c. 50, s. 11 (3). 

16. — (1) A person to whom a licence to take sand from Royalties 
property of the Crown in right of Ontario is issued may be 
required to pay to the Crown, in addition to his licence fee, a 
fixed sum for every cubic metre of sand removed under the 
authority of the licence. 1971, c. 50, s. 11 (4); 1978, c. 87, 
s. 22 (1). 



298 



Chap. 39 



BEACH PROTECTION 



Sec. 16 (2) 



Amount of 
royalty 



(2) The amount to be charged per cubic metre shall be fixed 
by the Minister according to the location, type, availability 
and accessibility of the sand. R.S.O. 1970, c. 40, s. 14 (2); 
1978, c. 87, s. 22 (2). 



Security (3) The Minister may require a person to whom such a 

licence is issued and by whom such sums are payable to the 
Crown to give security by bond satisfactory to the Minister for 
the payment of such sums. R.S.O. 1970, c. 40, s. 14 (3). 



Sale of 
vessel, etc., 
for payment 
of penalty 
R.S.O. 1980, 
c. 400 



1 7. — (1) In addition to the remedies provided by the Provin- 
cial Offences Act for the recovery of penalties, any penalty 
imposed for a contravention of this Act, if not paid in accordance 
with the conviction, may be levied by. the sale of any vessel, 
conveyance, drag-line or other mechanical device inolved in the 
commission of the offence under the warrant of the court that 
imposed the penalty. 



Payment of (2) Upon retum being made of the sale, after satisfying 
owner the fine and the costs of the sale, the surplus, if any, shall 

be paid to the owner of the vessel. R.S.O. 1970, c. 40, 

s. 15. 



Regulations jg^ jj^g Lieutenant Governor in Council may make regu- 
lations, 

{a) providing for the issue and renewal of licences and 
prescribing the terms and conditions thereof and the 
fees payable therefor ; 

{b) prescribing the form and contents of security bonds ; 

(c) prescribing forms and providing for their use. R.S.O. 
1970, c. 40, s. 16; 1971,c. 50, s. 11 (5). 



Sec. 4 BEDS OF NAVIGABLE WATERS Chap. 40 299 

CHAPTER 40 
Beds of Navigable Waters Act 

1 . Where land that borders on a navigable body of water or deemed°t o^ 
stream, or on which the whole or a part of a navigable body of exclude 
water or stream is situate, or through which a navigable body 
of water or stream flows, has been heretofore or is hereafter 
granted by the Crown, it shall be deemed, in the absence of an 
express grant of it, that the bed of such body of water was not 
intended to pass and did not pass to the grantee. R.S.O. 1970, 
c. 41, s. 1. 

2.. Section 1 does not affect the rights, if anv, of a grantee ?*^°? ^ 

<j ' J ' o ^Q certain 

from the Crown or of a person claiming under him, where such cases 
rights were, previous to the 24th day of March, 1911, determined 
by a court of competent jurisdiction in accordance with the 
rules of the English Common Law, or of a grantee from the 
Crown, or a person claiming under him who establishes to the 
satisfaction of the Lieutenant Governor that he or any person 
under whom he claims has, previous to the 24th day of March, 
1911, developed a water power or powers under the bona fide 
belief that he had the legal right to do so, provided that he may 
be required by the Lieutenant Governor in Council to develop 
such power or powers to the fullest possible extent and provided 
that the price charged for power derived from such water power 
or powers may from time to time be fixed by the Lieutenant 
Governor in Council, and the Lieutenant Governor in Council 
may direct that letters patent granting such rights be issued to 
such grantee or person claiming under him under and subject to 
such conditions and provisions as are considered proper for 
insuring the full development of such water power or powers and 
the regulation of the price to be charged for power derived 
from them. R.S.O. 1970, c. 41, s. 2. 

3. This Act does not apply to the bed of the river in Lot 8 in appiy°tV° 
the 6th Concession of the Township of Merritt in the District ascertain 
of Sudbury. R.S.O. 1970, c. 41, s. 3. °*'* ^ 

4. Notwithstanding any other provision of this Act, the case ^Jf^'^e^'J,*'^* 
of any person setting up on special grounds a claim to receive ^^?^®*[.jj^i 
from the Crown a grant or lease of any part of the bed of a cases 
navigable body of water or stream shall be dealt with by the 
Lieutenant Governor in Council as he considers fair and just. 

R.S.O. 1970, c. 41, s. 4. 



Sec. 2 (a) beef cattle marketing Chap. 41 301 

CHAPTER 41 
Beef Cattle Marketing Act 



1. In this Act, interpre- 

tation 

(a) "association" means such association under the 

Agricultural Associations Act as is designated in R so. iqso, 
the regulations ; *^ ^ 

(6) "Board" means the Agricultural Licensing and Regis- 
tration Review Board under the Ministry of Agriculture ^-^o. i98o, 
and Food Act; 

(c) "carcass" means a carcass of a head of cattle; 

id) "cattle" includes bulls, cows, heifers, steers and 
calves, but does not include cattle that are not sold 
for the production of beef; 

(e) "Commissioner" means the Live Stock Commissioner; 

if) "inspector" means an inspector appointed for the 
purposes of this Act; 

(g) "licence" means a licence issued under this Act; 

{h) "Minister" means the Minister of Agriculture and 
Food; 

(i) "plant" means a premises where cattle are slaugh- 
tered; 

ij) "price reporter" means a price reporter appointed 
for the purposes of this Act; 

(k) "regulations" means the regulations made under 
this Act; 

(/) "slaughter" means slaughter for the purpose of pro- 
cessing meat into food. R.S.O. 1970, c. 42, s. 1; 1980, 
c. 53, s. 1. 

2. The purpose and intent of this Act is to provide for, ofAcr^ 

(a) the establishment and standardization of procedures 
affecting the sale of cattle or carcasses ; and 



302 



Chap. 41 



BEEF CATTLE MARKETING 



Sec. 2 (b) 



{b) the designation and financing of an association that 
has power to make recommendations in respect of 
such procedures and to expend moneys to, 

(i) stimulate, increase and improve the sale of 
cattle or carcasses, 

(ii) disseminate information concerning the cattle 
industry, and 

(iii) co-operate with any person or persons or any 
department of the Government of Canada 
or of the government of any province in the 
carrying out of its objects. R.S.O. 1970, 
c. 42,s. 2. 



Licences 



Idem 



3. — (1) Except under the authority 
person shall sell cattle. 



of a licence, no 



(2) Every person who sells cattle shall be deemed to be 
the holder of a licence. 



Refund of (3) Every person who is the holder of a licence under 

llC6nC6 I6GS J I 

this section may ap.ply for a refund of any licence fees paid by 
him to an association. 



Idem 



Idem 



(4) Every application for a refund shall be made in the 
manner prescribed in the regulations. 

(5) Where an association receives an application for a 
refund, it shall refund the licence fees in the manner 
prescribed in the regulations and in any case not later than 
one year after receipt of the application therefor. R.S.O. 
1970, c. 42, s. 3. 



Recom- . 
mendations 
by directors 
of associa- 
tion 



4. — (1) Where the board of an association is of the 
opinion that a majority of the members of the association 
are in favour thereof, the board of directors may recom- 
mend to the Lieutenant Governor in Council the making, 
amending or revoking of regulations respecting any of the 
matters set forth in section 5. 



Use of 
licence 
fees by 
association 



(2) An association may use licence fees for the purposes of, 

{a) defraying the expenses of the association in the 
carrying out of its objects ; 

{b) stimulating, increasing and improving the sale of 
cattle or carcasses ; 



{c) disseminating information concerning the cattle 
industry ; and 



Sec. 5 (1) (k) BEEF CATTLE MARKETING Chap. 41 303 

(d) co-operating with any person or persons or any 
department of the Government of Canada or of the 
government of any province in the carrying out of its 
objects. R.S.O. 1970, c. 42, s. 4. 

5. — (1) Notwithstanding section 4, the Lieutenant Cover- ^smiations 
nor in Council may make regulations, 

{a) designating an association for the purposes of this 
Act; 

{b) fixing the amount of licence fees up to but not exceeding 
two-tenths of 1 per cent of the sale price for each head of 
cattle; 

(c) requiring persons to pay licence fees owing by them 
to an association ; 

{d) requiring any person who receives cattle from a 
seller thereof to deduct, from the moneys payable to 
the seller, any licence fee payable by the seller to 
an association and to forward such licence fees to 
the association ; 

(e) providing for the recovery by the association of 
licence fees owing to the association by suit in a court 
of competent jurisdiction ; 

(/) prescribing the manner in which applications for 
refund of licence fees shall be made and the manner 
in which refunds shall be made ; 

ig) providing for the exemption from any or all of the 
regulations of any cattle or class of cattle or any 
person or class of persons ; 

(A) providing for the inspecting, weighing and measuring 
of cattle and carcasses ; 

(i) respecting the buying, selling, handling, weighing, 
measuring, shipping and transporting of cattle and 
carcasses ; 

(j) prescribing the manner in which receipts, classifica- 
tions, weights and purchase prices shall be recorded 
by persons engaged in the buying or selling of cattle 
and made available to the Minister ; 

{k) prescribing the manner in which buyers, sellers, 
transporters and shippers of cattle or carcasses shall 
identify, for the purposes of inspecting, weighing and 
measuring, individual sellers' lots in a shipment ; 



304 Chap. 41 BEEF CATTLE MARKETING SeC. 5 (1) (/) 

(1) prescribing the manner in which buyers shall make 
returns and prepare for presentation to the sellers the 
statements of accounts of purchase of cattle and 
carcasses ; 

(m) respecting the facilities and equipment to be pro- 
vided and maintained for the weighing and measur- 
ing of cattle and carcasses on premises in which 
cattle or carcasses are assembled, held, slaughtered, 
weighed or measured ; 

(«) prescribing the basis on which the amount payable 
respecting a head of cattle or a carcass shall be 
calculated ; 

(o) prescribing the time at which a person who pur- 
chases cattle shall weigh the cattle or the carcasses 
thereof ; 

(P) prescribing the powers and duties of inspectors and 
price reporters ; 

(q) providing for the issuing of inspection certificates 
by inspectors ; 

{r) prescribing forms and providing for their use ; 

is) respecting any matter necessary or advisable to carry out 
effectively the intent and purpose of this Act. R.S.O. 
1970, c. 42, s. 5 (1); 1974, c. 43, s. 1 (1); 1978, c. 87, s. 3; 
1980, c. 53, s. 2 (1). 

Scope of (2) Any regulation may be limited as to time or place, or 

regulations \ i j o j r 

to both. 

Definitions (3) Any word or expression used in a regulation may be 
defined in the regulation for the purposes of the regulation. 
R.S.O. 1970, c. 42, s. 5 (2, 3); 1980, c. 53, s. 2 (2). 

ment*of'" ^' ^he Lieutenant Governor in Council may appoint in- 

inspectors sDCCtors and price reporters for the purposes of this Act 

and price " f r- r r 

reporters and may fix their remuneration and allowance for expenses. 
R.S.O. 1970, c. 42, s. 6. 

Powers of 7 — (1) For the purpose of enforcing this Act and the 

inspector : ' . ^ ^ ^ , r 

regulations, an inspector may enter any premises used tor 
the assembling, holding, slaughtering, storing, processing, 
grading, weighing, measuring, selling or offering for sale of 
any cattle or carcasses and inspect any cattle, carcasses, 
facilities or equipment found therein. 



Sec. 8 (4) BEEF CATTLE MARKETING Chap. 41 305 

(2) For the purpose of enforcing this Act and the regula- Production 
tions, an inspector may require the production or furnishing of documents 
copies of or extracts from any books, shipping bills, bills of 

lading or other records relating to cattle or carcasses. 

(3) For the purpose of inspecting a head of cattle or aP®'®°"o° 

. ^ ^ \ . ^ . , . . , for purposes 

carcass, an mspector may detam it at the risk of the of inspection 
owner and, after detaining it, the inspector shall forthwith 
notify the owner or person who had possession of it of the 
detention. 

(4) Where an inspector detains a head of cattle or a car- aft|j^*^"°° 
cass under subsection (3), he shall, as soon as may be practicable, detention 
inspect the head of cattle and shall forthwith thereafter, 

(a) release the head of cattle or carcass from detention; 
or 

(6) detain the head of cattle or carcass under section 8. 

(5) No person shall hinder or obstruct an inspector or a obstruction 

., r,i- r -,• of inspector 

price reporter in the course of his duties or furnish an inspector or price 
or a price reporter with false information or refuse to per- '"^p"'"'®'" 
mit any cattle, carcasses, facilities or equipment to be in- 
spected or refuse to furnish an inspector or price reporter 
with information. 

(6) A person shall, when required by an inspector, pro- Production 
duce copies of and extracts from any books, shipping bills, 

bills of lading and other records relating to cattle or carcasses. 
R.S.O. 1970,c. 42.S. 7. 

8. — (1) Any cattle or carcasses, in respect of which an Detention 
inspector believes on reasonable grounds an offence against and 
this Act or the regulations has been committed, may be ^^^^ 
placed under detention at the risk and expense of the owner 
by the inspector, and the inspector shall forthwith thereafter 
notify the owner or the person who had possession of them 
of the detention in writing. 

(2) A notice eiven bv an inspector under subsection (1) Notice 

, „ , . ' *^ f , . . . . ,, ' to contain 

shall contain the particulars m respect of which it is alleged particulars 
the cattle or carcasses do not comply with this Act or the 
regulations. 

(3) Anv cattle or carcasses detained under subsection (1) shall Period of 

- detention 

remain under detention until the owner of the cattle or carcasses 
complies with this Act and the regulations. 

(4) Where an inspector is satisfied that the owner of cattle g;J^*^® 
or carcasses that have been detained complies with this Act detention 



306 



Chap. 41 



BEEF CATTLE MARKETING 



Sec. 8 (4) 



and the regulations respecting the cattle or carcasses, the 
inspector shall forthwith release them from detention. R.S.O. 
1970,c. 42,s. 8. 



Certificate 
of inspector 
or price 
reporter 



9. The production by an inspector or a price reporter of a 
certificate of his appointment purporting to be signed by the 
Minister is admissible in evidence as prima facie proof of 
the facts stated in the certificate and of the authority of the 
inspector or price reporter to exercise the powers and per- 
form the duties prescribed in this Act and the regulations. 
R.S.O. 1970.C. 42.S. 9. 



Preparation 
of list 



10. — (1) Subject to section 11, the Commissioner shall prepare a 
list of plants that, in his opinion, comply with the provisions of this 
Act and the regulations that apply where cattle are sold for a price 
calculated on a carcass weight basis, and may amend or revise the 
list from time to time. 1980, c. 53, s. 3, part. 



Application 
for listing 



(2) Where the operator of a plant wishes to have his plant 
included on the list referred to in subsection (1), he shall apply 
therefor to the Commissioner in writing. 



List ma> be 
inspected 



(3) The Commissioner shall maintain a copy of the list referred 
to in subsection (1), as amended or revised, at his office at all times 
and shall permit inspection thereof by the public during normal 
business hours. 



Furnishinf; 

and 

publishing 

list 



(4) The Commissioner may, 

(a) send a copy of the list referred to in subsection (1) and 
any amendment or revision thereof to any person in 
Ontario who makes a request therefor; and 



{b) publish the list referred to in subsection (1) and any 
amendment or revision thereof in such manner as he 
considers advisable. 



Purchase 
of cattle 



(5) No operator of a plant that is not included on the list referred 
to in subsection (1) shall purchase cattle for slaughter at his plant 
for a price calculated on a carcass weight basis. 1980, c. 53, s. 3, 
part. 



Hearing 
required 



11. — (1) A decision by the Commissioner not to include a 
plant on the list referred to in section 10 or to remove a plant from 
the list shall be made only after a hearing by the Commissioner. 



Notice of 
hearing 



(2) Notice of a hearing by the Commissioner under subsection 
(1) shall afford to the operator of the plant a reasonable opportun- 
ity to show or achieve compliance before the hearing with the 



Sec. 13 (3) BEEF CATTLE MARKETING Chap. 41 307 

provisions of this Act and the regulations that apply where cattle 
are sold for a price calculated on a carcass weight basis. 

(3) The operator of a plant who is a party to the the proceedings Examination of 
in which the Commissioner holds a hearing shall be afforded anevkience ' 
opportunity to examine before the hearing any written or 
documentarv- evidence that will be produced or any report the 
contents of which will be given in evidence at the hearing. 

(4) Notwithstanding subsections (1), (2) and (3), the Commis- Removal 
sioner may remove a plant from the list referred to in section from^Ust 
10 without a hearing where, 

(a) in the opinion of the Commissioner, it is necessar\' to do 
so for the immediate protection of the interests of pro- 
ducers; and 

{b) the Commissioner, forthwith thereafter, serves upon the 
operator of the plant notice of a hearing to be held within 
fifteen days after the removal of the plant from the list. 
1980, c. 53, s. 3, part. 



1 2. Where, after a hearing, the Commissioner has not included Commissioner 
a plant on or has removed a plant from the list referred to in section or rescind 
10, he may at any time of his own motion or on the application of ^i^^sion 
the operator of the plant varv' or rescind his decision, but the 
Commissioner shall not var\' or rescind his decision adversely to 
the interests of any person without holding a rehearing to which 
such person is a party and may make such decision after such 
rehearing as he considers proper under this Act. 1980, c. 53, 
s. 3, part. 

13. — (1) Where the Commissioner refuses to include a plant Appeal 

11. r 1 • • , « to Board 

on or removes a plant from the list referred to m section 10, 
the operator of the plant may, by written notice delivered to the 
Commissioner and filed with the Board within fifteen days after 
receipt of the decision of the Commissioner, appeal to the Board. 

(2) The Board mav extend the time for the giving of notice under Extension 
subsection (1), either before or after expiration of such time, where for appeal 
it is satisfied that there are prima facie grounds for appeal and that 

there are reasonable grounds for applying for the extension. 

(3) Where an operator appeals to the Board under this section, JJ^^*^ 
the Board shall hear the appeal by way of a hearing de novo to 
determine whether the plant should be included on or removed 

from the list and may, after the hearing, confirm or alter the 
decision of the Commissioner or direct the Commissioner to do 
any act he is authorized to do under this Act and as the Board 



308 



Chap. 41 



BEEF CATTLE MARKETING 



Sec. 13 (3) 



considers proper and, for such purposes, the Board may substitute 
its opinion for that of the Commissi"oner. 



Effect of (4) Notwithstanding that an operator has appealed under this 

decision of .- ...ri/-^-- i ii-> 

Commissioner scction from a decision of the Commissioner, unless the Commis- 

dfs"os"a! sioner otherwise directs, the decision of the Commissioner 

of appeal effective until the appeal is disposed of. 1980, c. 53, s. 3, part. 



IS 



Parties 14. — (1) xhe Commissioner, the appellant and such other 

persons as the Board may specify are parties to the proceedings 
before the Board under this Act. 



Members 
making 
decision 
not to have 
tai<en part 
in investiga- 
tion, etc. 



(2) Members of the Board assigned to render a decision after a 
hearing shall not have taken part prior to the hearing in any 
investigation or consideration of the subject-matter of the hearing 
and shall not communicate directly or indirectly in relation to the 
subject-matter of the hearing with any person or with any party or 
his representative except upon notice to and opportunity for all 
parties to participate, but such members may seek legal advice 
from an adviser independent from the parties and in such case the 
nature of the advice should be made known to the parties in order 
that they may make submissions as to the law. 



Recording of (3) 'pj^g Q^al evidence taken before the Board at a hearing shall 

evidence . 

be recorded and, if so required, copies or a transcript thereof shall 
be furnished upon the same terms as in the Supreme Court. 



Only members 
at hearing 
to 

participate 
in decision 



(4) No member of the Board shall participate in a decision of 
the Board after a hearing who was not present throughout the 
hearing and heard the evidence and argument of the parties and, 
except with the consent of the parties, no decision of the Board 
shall be given unless all members so present participate in the 
decision. 1980, c. S3, s. 3, part. 



Application of 
R.S.O. 1980, 
c. 484 



1 5. The Statutory Powers Procedure Act applies to any hear- 
ing by the Commissioner or the Board under this Act. 1980, 
c. 53, s. 3. 



Appeal to 
Divisional 
Court 



16. — (1) Any party to the hearing before the Board may 
appeal from the decision of the Board to the Divisional Court in 
accordance with the rules of court. 



Minister 
entitled to 
be heard 

Record to 
be filed 
in court 



(2) The Minister is entitled to appear, by counsel or otherwise, 
upon the argument of an appeal under this section. 

(3) The chairman of the Board shall file with the Registrar of 
the Supreme Court the record of the proceedings before the Board 
which, together with a transcript of the evidence before the Board 
if it is not part of the Board's record, constitutes the record on the 
appeal. 



Sec. 19 BEEF CATTLE MARKETING Chap. 41 309 

(4) An appeal under this section may be made on any question Powers of 
that is not a question of fact alone and the court may confirm or apical*" 
alter the decision of the Board or direct the Commissioner to do 

any act he is authorized to do under this Act or may refer the 
matter back to the Board for reconsideration by the Board as the 
court considers proper and the court may substitute its opinion for 
that of the Commissioner or the Board. 

(5) Notwithstanding that an operator has appealed under this Effect of 
section from a decision of the Board, unless the Board otherwise of Board 
directs, the decision of the Board is effective until the appeal is Pf"^'"^ 

^'^ disposal 

disposed of. 1980, c. 33, s. i,part. of appeal 

1 7. Every person who contravenes any of the provisions of Offence 
this Act or the regulations is guilty of an offence and on conviction 
is liable to a fine of not more than $1,000. 1980, c. 53, s. 4. 

18. No proceedings or conviction under this Act affects Leerai 
the right of any person to any legal remedy to which he affected 
would otherwise be entitled. R.S.O. 1970, c. 42, s. 11. 

19. For the purpose of jurisdiction, in an information or where 
conviction for a contravention of any of the provisions of complained 
this Act or the regulations, the matter complained of may be to have 
alleged and shall be deemed to have arisen at the place where *"^^° 
the cattle or carcasses were sold, offered, exposed or had in 
possession for sale or at the residence or usuiaJ place of resi- 
dence of the person charged with the contravention. R.S.O. 

1970, c. 42. s. 12. 



Sec. 2 BEES Chap. 42 311 

CHAPTER 42 
Bees Act 



1. In this Act, interpre- 

tation 

{a) "bee-keeper" means a person who owns or is in 
possession of an apiary including the bees kept 
therein ; 

(b) "bees" means the insects known as apis mellifera; 

(c) "bees-wax refuse" means damaged honeycombs, 
honeycomb cappings or the material remaining 
after the first rendering of used honeycombs or honey- 
comb cappings ; 

{d) "disease" means, 

(i) American foul brood, being the disease of the 
larvae and pupae of bees caused by organ- 
isms known as bacillus larvae, 

(ii) European foul brood, being the disease of the 
larvae and pupae of bees caused by organisms 
known as bacillus pluton or bacillus alvei, and 

(iii) any disease designated by the regulations 
as a disease within the meaning of this Act ; 

(e) "infected" means infected with the causal organ- 
isms of a disease ; 

(/) "inspector" means an inspector appointed under this 
Act; 

{g) "Minister" means the Minister of Agriculture and 
Food; 

{h) "package bees" means bees placed in a screened 
cage or package without honeycombs for the purpose 
of being shipped. R.S.O. 1970, c. 43, s. 1. 

2. Bees reared and kept in hives are private property. ?fve p^vate 

R.S.O. 1970, C. 43. S. 2. property 



312 



Chap. 42 



BEES 



Sec. 3 (1) 



Right of 
owner to 
pursue and 
recover 
swarm 



3.' — (1) Subject to subsections (2), (3) and (4), where a swarm 
of bees leaves a hive, the owner of the swarm may enter 
upon the premises of any person and recover the swarm. 



Where 
owner 
declines to 
pursue 
swarm 



(2) Where the owner of a swarm of bees that leaves its 
hive declines to pursue it and another person takes up the 
pursuit, such other person is subrogated to all the rights of the 
owner in respect of the swarm. 



Owner of 
premises to 
be notified 



(3) Where the right to recover a swarm of bees is claimed 
under subsection (1) or (2), the person claiming the swarm shall 
notify the owner of the premises on which the swarm has 
settled before entering his premises and shall compensate him 
for any damge to his premises caused by the entry. 



When right 
of property 
in swarm 
lost 



(4) Where a swarm of bees leaves a hive and settles in 
an occupied hive owned by a person other than the owner 
of the swarm, the owner of the swarm loses all right of 
property in the swarm. R.S.O. 1970, c. 43, s. 3. 



Appoint- 
ment of 
Provincial 
Apiarist and 
inspectors 



4. — (1) The Lieutenant Governor in Council may appoint 
a Provincial Apiarist, an Assistant Provincial Apiarist and 
such inspectors as are considered necessary for the adminis- 
tration and enforcement of this Act and the regulations. 



Assistant 

Provincial 

Apiarist 



(2) The Assistant Provincial Apiarist shall act in lieu of 
the Provincial Apiarist in the absence of the Provincial Api- 
arist or when so instructed to act by him and when so 
doing has all the powers and may perform any of the duties 
of the Provincial Apiarist. 



Provincial 
Apiarist 



(3) The Provincial Apiarist has all the powers and may 
perform any of the duties of an inspector. 



Duties of 
inspector 



(4) It is the duty of an inspector when he considers it 
necessary or when so instructed by the Provincial Apiarist, 



{a) to inspect any bees, hives or equipment pertaining 
to the keeping of bees to ascertain if any disease 
exists in the bees, or if the hives or equipment are 
infected, or if the provisions of this Act and the 
regulations have been complied with or contravened ; 

(b) to inspect any books or records required by this Act 
or the regulations to be kept by bee-keepers and 
persons who sell bees. 



Employment 
of persons 
by inspector 



(5) With the approval of the Provincial Apiarist, an in- 
spector may employ such persons as he requires to assist 
him in an inspection and such persons shall be paid such 
amounts as the Minister determines. 



Sec. 5 (4) BEES Chap. 42 313 

(6) In the performance of his duties under this Act and^*?*i'°f 

, , . entry 

the regulations, an inspector may at any time between sun- 
rise and sunset enter any premises where bees, hives, equip- 
ment or books or records pertaining to the keeping of bees 
are kept or stored. 

(7) No person shall obstruct the Provincial Apiarist, Assis- ^j^'j^jJ^J^^^^^^ 
tant Provincial Apiarist or an inspector in the performance 

of his duties or furnish him with false information. 

(8) Every bee-keeper shall, when requested so to do by an Assistance 
inspector, assist the inspector in an inspection on the premises in inspect^n 
of the bee-keeper. R.S.O. 1970, c. 43, s. 4. 

6. — (1) Where an inspector has reasonable grounds for destruction 

, ,. . , ,. f^ . . . r or treatment 

believing that disease of a virulent type exists in any bees of infected 
or the causal organisms of such disease exist in or on any 
hives or equipment pertaining to the keeping of bees, he 
may, by order in writing, 

(a) require the bee-keeper to disinfect such bees, hives 
or equipment in such manner and within such period 
as the order requires ; or 

(6) require the bee-keeper to destroy by fire, within such 
period as the order requires, such bees, hives or 
equipment as in the opinion of the inspector cannot 
be disinfected. 

(2) Where an inspector has reasonable grounds for believ- J^f^^J^^°J^ 
ing that disease not of a virulent type exists in any bees or^^ees 
the causal organisms of such disease exist in or on any hives 
or equipment pertaining to the keeping of bees, he may, by 
order in writing, require the bee-keeper to disinfect such 
bees, hives or equipment in such manner and within such 
period as the order requires. 1971, c. 50, s. 12 (1). 



(3) If the bee-keeper fails to carry out the instructions in i^°p|^t°(fj. 
an order given under subsection (1) or (2) within such period as ^°^|^[°^ 
the order requires or if so requested by the bee-keeper, the diseased 
inspector may carry out the instructions in the order and the 
bee-keeper shall compensate the inspector for any expenses 
incurred in carrying out the instructions. R.S.O. 1970, 
c.43,s.5(3). 

(4) Every order under this section shall be dehvered to order 
the bee-keeper by an inspector or mailed by prepaid mail 

to his last or usual place of abode and shall contain notice 
to the bee-keeper that he may appeal from the order to 
the Provincial Apiarist within five days after receipt of the order 



314 



Chap. 42 



BEES 



Sec. 5 (4) 



and, where the order is mailed, the bee-keeper shall be deemed 
to have received the order on the third day after the day of 
mailing unless he did not, acting in good faith, through 
absence, accident, illness or other cause beyond his control 
receive the order until a later date. 1971, c. 50, s. 12(2). 



6. — (1) No bee-keeper shall keep bees in a hive without 



Bees in hive 
without 

movable movable frames 

frames 



(2) Where an inspector finds that bees are kept in a hive 



Transfer of 
hpps to hiv6s 

withmov- without movablc frames, he may order that they be trans- 
ferred to hives with movable frames within such period as 
he specifies. 



beilkee°er (^) ^^ ^ bee-keeper fails to transfer the bees in accordance 
to transfer with an order under subsection (2), the inspector may destroy 



the hives and the bees dwelling therein. 

s. 6. 



R.S.O. 1970, c. 43, 



Appeal 7^ — (1) Where a bee-keeper considers himself aggrieved by 

an order of an inspector, he may within five days of the 
receipt of the order appeal against the order by notice to 
the Provincial Apiarist. R.S.O. 1970, c. 43, s. 7 (1). 

'''^''" (2) An appeal under this section may be made in 

writing or orally or by telephone to the Provincial Apiarist, 
but the Provincial Apiarist may require the grounds for 
appeal to be specified in writing before the hearing. 

Hearing (3) Upou being notified of an appeal, the Provincial Apiarist 

shall, after a hearing, confirm, revoke or modify the order 
appealed against and shall notify the appellant of his 
decision by prepaid mail and the appellant shall carry out 
such order as is given by the Provincial Apiarist in his 
decision. 



Parties 



Information 
as to the 
location of 
hives, etc., 
to be given 
inspector 



Concealing 
existence 
of disease 



(4) The bee-keeper and the inspector who made the 
order appealed from are parties to an appeal under this 
section. 1971, c. 50, s. 12 (3). 

8. When requested by an inspector, every bee-keeper 
shall inform the inspector of the location of all hives and 
equipment pertaining to the keeping of bees in the possession 
of the bee-keeper. R.S.O. 1970, c. 43, s. 8. 



9. No bee-keeper shall conceal 
disease. R.S.O. 1970, c. 43, s. 9. 



the existence of any 



bee^-kee er ' ^* ^very bee-keeper who finds the existence of disease 

to report of a virulent type in his own apiarv or elsewhere shall 

GXlStdlCG »/ 1 I ^ 

of disease immediately report the existence of the disease to the 
Provincial Apiarist. R.S.O. 1970, c. 43, s. 10. 



Sec. 16 BEES Chap. 42 315 

1 1. — (1) The Lieutenant Governor in Council may declare Quarantine 
a quarantine of bees in any area in Ontario that he desig- 
nates and may fix the duration of the quarantine and the 
conditions with respect thereto. 

(2) No person shall move any bees, hives or equipment Moving 
pertaining to the keeping of bees to or from an area of or from 
quarantine without a permit from the Provincial Apiarist. '*'^*'^*° 
R.S.Q. 1970, c. 43, s. 11. 

12. — (1) No bee-keeper shall sell or remove or cause to be ^'g^^'^^^^j j^^^. 
removed from his premises any bees, hives or equipment sale or 

rGinovRi 

pertaining to the keeping of bees without a permit from the of bees 
Provincial Apiarist stating that such bees, hives or equip- 
ment were inspected and found to be free from disease or 
infection. 

(2) Subsection (1) does not apply where the bees and equip- Exception 
ment are moved by the bee-keeper from his extracting plant 
to his apiaries or from his apiaries to his extracting plant. 
R.S.O. 1970, c. 43, s. 12. 

13. No person shall receive or transport in any n^annerPgej"™i|^ ^.^ 
within Ontario any bees other than package bees or used receive or 

, . , .- 11- f , transport 

hives or used equipment pertaining to the keeping of beesbees 
obtained from outside Ontario without a permit from theoutside 
Provincial Apiarist stating that he is satisfied that such bees^^^'^" 
are free from disease and that such used hives or used equip- 
ment are not infected. R.S.O. 1970, c. 43, s. 13. 

14. No bee-keeper shall expose on his premises or else-^x^sing^ 
where any infected honeycomb or honey in such mannercomb or 
that it is accessible to bees. R.S.O. 1970, c. 43, s. 14. 

15. — (1) Where dead colonies of bees or honeycombs 3.reD^|Po^^^gg 
exposed in such manner that they are accessible to bees, of bees. etc. 
except where they are exposed for the purpose of cleaning 
or disinfecting, the Provincial Apiarist may require the bee- 
keeper to dispose of such colonies and honeycombs in such 
manner and within such period as the Provincial Apiarist 
specifies. 

(2) If the bee-keeper fails to dispose of such colonies andj^"gj,«^jjf'y 
honeycombs as required by the Provincial Apiarist, the 
Provincial Apiarist may dispose of them and the bee-keeper 
shall compensate the Provincial Apiarist for any expense 
incurred in disposing of them. R.S.O. 1970, c. 43, s. 15. 

1 6. No person who sells package bees shall use as food for^o^^^^^^ 
such bees any honey or candy containing honey. R.S.O. 1970,a8^fo^d^ 
c. 43, s. 16. 



316 



Chap. 42 



BEES 



Sec. 17 



Bees 
obtained 
outside 
Ontario 



17. Every person who receives bees that have been ob- 
tained from outside Ontario shall, within ten days of the receipt 
of the bees, notify the Provincial Apiarist that the bees have 
been received. R.S.O. 1970, c. 43, s. 17. 



Spraying of 
fruit trees 



1 8. No person shall spray or dust fruit trees during the 
period within which the trees are in bloom with a mixture 
containing any poisonous substance injurious to bees unless 
almost all the blossoms have fallen from the trees. R.S.O. 
1970, c. 43, s. 18. 



Location 
of hives 



19. — (1) No person in a place other than an urban muni- 
cipality or suburban district designated under this section 
shall place or leave hives containing bees within nine metres of a 
highway, dwelling or cultivated field. R.S.O. 1970, c. 43, s. 19 
(1); 1978, c. 87, s. 4 (1). 



Exception (2) Subsection (1) does not apply to hives placed or left on 

lands where the lands are separated from the highway, 
dwelling or cultivated field by a hedge or a solid fence at least two 
metres in height and extending at least 4. 5 metres from the hives in 
both directions. R.S.O. 1970, c. 43, s. 19(2); 1978, c. 87, s. 4(2). 



Location 
of Mves 
in urban 
munici- 
palities, 
etc. 



(3) No person in an urban municipality or suburban district 
designated under this section shall place or leave hives containing 
bees within thirty metres of a property line separating the lands on 
which the hives are placed or left from lands occupied by a 
dwelling or used for purposes of a community centre, public park 
or other place of public assembly or recreation. R.S.O. 1970, 
c. 43, s. 19 (3); 1978, c. 87, s. 4 (3). 



dJsigimting ('^) ^^^ council of any township may pass by-laws designat- 
d?stri^t° ing as a suburban district any part of the township that 
adjoins an urban municipality or that adjoins another desig- 
nated suburban district. 



Ajpprovaiof (5) A by-law passed under subsection (4) shall not take effect 
until it is approved by the Minister. R.S.O. 1970, c. 43, 



Transporting 
of used 
containers 



s. 19 (4, 5). 

20. No person shall sell, transport or ship within Ontario 
any used honey container that has not been properly 
cleansed. R.S.O. 1970, c. 43, s. 20. 



regisfrawo? ^^* — ^^^ ^° person shall keep bees in Ontario without a 
certificate of registration from the Provincial Apiarist. 



Application (2) Every application for a certificate of registration shall 
be made to the Provincial Apiarist, accompanied by the 
prescribed fee. 



Sec. 25 if) BEES Chap. 42 317 

(3) Every certificate of registration expires on the 31st day^P^y 
of May in each year. R.S.O. 1970, c. 43, s. 21 . 

22, No person shall buy, sell or transport bees-wax refuse ^g®^®^^^^^ 
or used honeycombs between the 1st day of April atid the Istasedjioney- 

coxuds 

day of December in any year without a permit from the 
Provincial Apiarist. R.S.O. 1970, c. 43, s. 22. 

23. Every bee-keeper and every person who sells bees shall, ^^°^^ 

returns 

(a) keep such books and records as the regulations 
prescribe ; and 

(b) make such returns in such manner and at such times 
as the regulations prescribe. R.S.O. 1970, c. 43, 
S.23. 



24. Every person who contravenes any provision of thisOff«°<5« 
Act or the regulations or any order of the Provincial Apiarist, 
Assistant Provincial Apiarist or an inspector is guilty of an 
offence and on conviction is liable to a fme of not less than $10 and 

not more than $50 for a first offence and to a fine of not less than 
$25 and not more than $100 or to imprisonment for a term of not 
more than thirty days for any subsequent offence. R.S.O. 1970, 
c. 43, s. 24. 

25. The Lieutenant Governor in Council may make regu-^^®*^*"°°« 
lations, 

(a) prescribing the fees that shall be paid for a certi- 
ficate of registration ; 

(b) providing for the keeping of a register of bee-keepers ; 

(c) prescribing the books and records that shall be kept 
by bee-keepers and by persons who sell bees or 
package bees ; 

(d) prescribing the returns that shall be made to the 
Provincial Apiarist by bee-keepers and by persons 
who sell bees or package bees ; 

(e) requiring and prescribing the reports that shall be 
made to the Provincial Apiarist by inspectors ; 

(/) designating any area in Ontario as a queen bee 
breeding area and regulating the keeping of bees 
in such area ; 



318 Chap. 42 BEES Sec. 25 (g) 

l^) designating any disease of bees to be a disease within 
the meaning of this Act ; 

{h) prescribing forms and providing for their use ; 

{i) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 
R.S.O. 1970, c. 43, s. 25. 



Sec. 3 BILLS OF SALE Chap. 43 319 

CHAPTER 43 
Bills of Sale Act 



1 . In this Act , interpre- 

tation 

(a) "actual and continued change of possession" means 
such change of possession as is open and reason- 
ably sufficient to afford public notice thereof ; 

(b) "branch registrar" means the branch registrar for a 
branch office established under Part IV of the 
Personal Property Security Act; R.s.o. i980, 

(c) "creditors" includes creditors of a seller suing on 
behalf of themselves and other creditors, an assignee 
in insolvency or trustee in bankruptcy of a seller, the 
liquidator of a company in a winding up proceeding 

under the Winding-up Act (Canada), and an assignee ^l^^jji^o- 
for the general benefit of creditors, as well as credi- 
tors having executions against the goods of a seller 
in the hands of a sheriff or other officer ; 

(d) "goods" has the same meaning as in the Sale o/RS.o. iqso, 
Goods Act. R.S.O. 1970, c. 44, s. 1; 1972, c. 1, ' "*" 
s. 26(1). 

2. This Act does not apply to an assignment for the -Assignment 
general benefit of creditors to which the Assignments a«</ of creditors 
Preferences Act applies. R.S.O. 1970, c. 44, s. 2. excepted 

R.s.o. 1980, 
c. 33 

3. Every sale of goods, not accompanied by an inimediate|*i^°^jjj. 
delivery and followed by an actual and continued change ofattended 
possession of the goods sold, shall be evidenced by a writingdeiivery 
signed by the seller, and such writing is a bill of sale under 

this Act, and such bill of sale, accompanied by an affidavit of 
an attesting witness thereto of the due execution of the bill 
of sale and an affidavit of the buyer that the sale is bona 
fide and for good consideration, as set forth in the bill of 
sale, and not for the purpose of holding or enabling the 
buyer to hold the goods mentioned therein against the 
creditors of the seller, shall be registered as provided by 
this Act ; otherwise the sale is void as against the creditors of the 
seller and as against subsequent buyers and mortgagees in 
good faith. R.S.O. 1970, c. 44, s. 3. 



320 



Chap. 43 



BILLS OF SALE 



Sec. 4 



agreement '^^ Every covenant, promise or agreement to make a sale of 
to make goods shall be evidenced by a writing and shall be deemed 

to be a sale of goods within the meaning of this Act. R.S.O. 

1970, c. 44, s. 4. 

fll^°/ 5. This Act applies to a sale of goods that may not be the 

goods not in property of or in the possession, custody or control of the 

DOSS6SSiOIl I I -J L J 

ofseuer seller or any person on his behalf at the time of the sale, 
for future^ and notwithstanding that the goods may be intended to be 
delivery delivered at some future time, or that they may not at the 
time of the sale be actually procured or provided or fit or 
ready for delivery, or that some act may be required for the 
making or completing of the goods or rendering them fit for 
delivery. R.S.O. 1970, c. 44, s. 5. 



When sub- 
sequent 
possession 
not to 
validate 
sale other- 
wise void 



6. A sale of goods that is void under this Act shall not 
by the subsequent taking of possession of the goods by the 
buyer be thereby made valid as against persons who became 
creditors, buyers or mortgagees in good faith before such 
taking of possession. R.S.O. 1970, c. 44, s. 6. 



Effect 
of bill 
of sale 



7. Except as otherwise provided by this or any other Act, 
a bill of sale is effective according to its terms between the 
parties to it and against third parties. R.S.O. 1970, c. 44, 

s. 7. 



Where 
bills of 
sale, etc., 
to be 
registered 



8. — (1) Subject to subsection (2), bills of sale and renewal 
statements under this Act shall be registered in the office of 
the branch registrar of the county or district in which the 
goods sold are situate at the time of the execution of the bill of 
sale. R.S.O. 1970, c. 44, s. 8 (1) ; 1972, c. 1, s. 26 (2). 



Haliburton 



(2) Where the goods are situate in the Provisional County of 
Haliburton, bills of sale and renewal statements shall be 
registered in the office of the branch registrar of the County of 
Victoria. R.S.O. 1970, c. 44, s. 8 (2); 1972, c. 1, s. 26 (2). 



Limitation 9 — (n In the case of a county, a bill of sale shall be 

of time for . \ • ■, . r r 1 

registration registered withm five days from the execution thereof. 

HaUburton (2) In the case of the Provisional County of Haliburton or 

districts of a district, a bill of sale shall be registered within ten 
days from the execution thereof. 



(3) Where there are more sellers than one, the time shall be 



Computa- 
tion of 

time for computed from the execution of the instrument by the last 

registration " -^ 

seller who executed it. R.S.O. 1970, c. 44, s. 9. 



Sec. 12 (4) BILLS OF SALE Chap. 43 321 

lO. — (1) Where a bill of sale is not registered within the^^«°Jo° 
time prescribed by this Act, a judge of a county or district 
court on application may, upon such terms and conditions 
and with such notice, if any, as he may order, extend the time 
for registration upon being satisfied that no interest of any 
other person will be prejudiced by such extension, but, in the 
event that it later appears that the late registration has 
prejudiced the rights that any person acquired before the late 
registration, the late registration shall be presumed not to have 
been done in conformity with this Act, and the rights that 
such person acquired before the late registration shall be 
determined on that basis. 

(2) A copy of an order made under subsection (1) shall Mem 
for the purpose of registration be attached to the bill of 
sale to which the order relates. R.S.O. 1970, c. 44, s. 10. 

1 1. A bill of sale shall not be registered unless, in addition Contents 
to the other requirements of this Act, it contains and legibly sale for 

4. f .tu i. 1 \ o ./ registration 

sets forth at least , 

{a) the full name and address of the seller ; 

(b) the full name and address of the buyer ; 

(c) the date of execution of the bill of sale ; 

(d) a description of the goods sold sufficient to identify 
them; and 

{e) the terms and conditions of the bill of sale. R.S.O. 
1970, c. 44, s. 11. 

12. — (1) An affidavit of bona fides required by section 3 who may 
may be made by one of two or more buyers or by his or affidavits of 

bono, fidss 

their agent if the deponent is aware of all the circumstances 
connected with the bill of sale and is authorized in writing 
to take the bill of sale. 

(2) If a bill of sale under this Act is made to a corporation, i^J»®j^ 
the affidavit of bona fides may be made by any officer or agent corporation 
thereof authorized to do so by resolution of the directors. 

(3) Where an affidavit of bona fides is made by an agent of Affidavits 
the buyer or by an officer or agent of a corporation, it shall a^n^^or 
state that the deponent is aware of all the circumstances 
connected with the bill of sale and has personal knowledge 

of the facts deposed to. 

(4) When a bill of sale is made to a corporation having ^^^^^^e^g 
branches, agencies or offices opened pursuant to statutory ^^^may 
authority, the affidavit of bona fides may be made by theafflda^vitof 



322 



Chap. 43 



BILLS OF SALE 



Sec. 12 (4) 



manager, assistant manager or accountant of any such branch, 
agency or office without being authorized so to do by resolution 
of the directors, and the affidavit shall state that the deponent 
is aware of all the circumstances connected with the bill of sale 
and has personal knowledge of the facts deposed to. 



aut^hority (^) ^ ^^^Y °^ ^" authority referred to in this section shall, 

attached ^°^ ^^^ purposes of registration, be attached to the bill of 

tobui sale to which the authority relates. 

of sale 



Affidavit of 

executor, 

etc. 



(6) An affidavit of bona fides may, in the case of the death 
of the buyer, be made by any of his next of kin or by his 
executor or administrator if the deponent is aware of all the 
circumstances connected with the bill of sale. R.S.O. 1970, 
C.44. s. 12. 



Expiry of 

existing 

registrations 



13. — (1) The registration of every bill of sale made under 
The Bills of Sale and Chattel Mortgages Act, being chapter 45 
of the Revised Statutes of Ontario, 1970, before the 1st day of 
April, 1976 expires on the third anniversary date of the original 
registration after that day unless a renewal statement in the pre- 
scribed form containing the particulars mentioned in section 1 1 is 
registered before such anniversary date. 



made under this Act 



three 



future (^) Every registration maae under tnis Act expires 

registrations years after the date of registration, unless a renewal state- 
ment in the prescribed form is registered before the three-year 
period expires. 



re'glstrauon (^^) '^^^ registration of a renewal statement extends the 
of renewal effect of the Original registration for three years from the 

date of registration of the renewal statement, and so on from 

time to time. 

onfme^°° (4) Where a renewal statement is not registered within the 

time prescribed by this section, a judge of a county or 
district court on application may, upon such terms and con- 
ditions and with such notice, if any, as he may order, extend 
the time for registration upon being satisfied that no interest 
of any other person will be prejudiced by such extension, but, 
in the event that it later appears that any such registration 
within the period so extended has prejudiced the rights that any 
person acquired before the registration, such registration shall 
be presumed not to have been done in conformity with this 
Act for the purpose of determining the rights that such 
person acquired before the registration. 



Idem (5) A copy of an order made under subsection (4) shall for 

the purposes of registration be attached to the renewal state- 
ment to which the order relates. R.S.O. 1970, c. 44, s. 13. 



Sec. 18 (c) BILLS OF SALE Chap. 43 323 

14. — (1) Upon the request of any person, the branch <^®i"pfled 
registrar shall furnish a copy of any document registered in his 
office under this Act, and of anv endorsement thereon, 
certified under his hand. R.S.O. 1970, c. 44, s. 14 (1); 
1972, c. l,s. 26(2,3). 

(2) A copy of any document and of any endorsement ^g^o°^°^j.jQjj 
thereon certified under subsection (1) is prima facie evidence 
that the document was registered according to the endorse- 
ment thereon. R.S.O. 1970, c. 44, s. 14 (2). 

1 3. The branch registrar shall make an entry of every bill i°<*®* 
of sale and renewal statement registered in his office under this 
Act in an index to be kept for that purpose. R.S.O. 
1970. c. 44, s. 15; 1972, c. 1, s. 26 (2). 

16. During the regular office hours of the branch registrar, inspection 
any person may require a search to be made of the index of 
documents registered under this Act and may inspect any 
document registered under this Act. R.S.O. 1970, c. 44, s. 16; 

1972, c. l,s. 26(2). 

1 7 . The branch registrar is entitled for services under ^^^^ 
this Act to the fees prescribed by the regulations made under 
this Act. R.S.O. 1970, c. 44, s. 17; 1972, c. 1, s. 26 (2). 

18. The Lieutenant Governor in Council may make ^^^^^^^io^s 
regulations, 

{a) requiring the payment of fees and prescribing 
the amounts thereof ; 

(b) prescribing forms and providing for their use ; 

(c) respecting any matter necessary or advisable to 
carry out effectively the intent and purpose of this 
Act. R.S.O. 1970, c. 44, s. 18. 



3.:.^<}i>m 



Sec. 2 (2) (b) BLIND persons' rights Chap. 44 325 



CHAPTER 44 
Blind Persons' Rights Act 

1, — (1) In this Act, Interpre- 

(a) "blind person" means a person who because of 
blindness is dependent on a dog guide or white 
cane; 

(b) "dog guide" means a dog trained as a guide 
for a blind person and having the qualifications 
prescribed by the regulations. 

(2) This Act applies notwithstanding any other Act or any Application 
regulation, by-law or rule made thereunder. 

(3) This Act binds the Crown. 1976, c. 14, s. 1. Act binds 

^ ' > > . Crown 

2. — (1) No person, directly or indirectly, alone or with ^^**^^^ 
another, by himself or by the interposition of another, in places 

. ,, "^ -^ *^ to which 

shall, pabllc 

admitted 

(a) deny to any p)erson the accommodation, services 
or facilities available in any place to which the 
public is customarily admitted ; or 

(6) discriminate against any person with resf>ect to the 
accommodation, services or facilities available in 
any place to which the pubhc is customarily 
admitted, or the charges for the use thereof, 

for the reason that he is a blind person accompanied 
by a dog guide. 

(2) No person, directly or indirectly, alone or with ^^^jj^* 
another, by himself or by the interposition of another, ^^eu-^^ 

shall. dwelling 

unit 

(a) deny to any person occupancy of any self-contained 
dwelling unit ; or 

(6) discriminate against any person with respect to any 
term or condition of occupancy of any self-contained 
dwelling unit. 



326 



Chap. 44 



BLIND persons' RIGHTS 



Sec. 2 (2) 



for the reason that he is a bhnd person keeping or 
customarily accompanied by a dog guide. 



other 
facilities 



(3) Nothing in this section shall be construed to entitle 
a blind person to require any service, facility or accommo- 
dation in respect of a dog guide other than the right to be 
accompanied by the dog guide. 1976, c. 14, s. 2. 



onu8e*of°° ^* ^° person, other than a blind person, shall carry 
white cane or use a cane or walking stick, the major part of which is 

white, in any public place, public thoroughfare or public 

conveyance. 1976, c. 14, s. 3. 

Identification 4. — (1) The Attorney General or an officer of his Ministry 
designated by him in writing may, upon application therefor, 
issue to a bhnd person an identification card identifying the 
blind person and his dog guide. 



cardsas (2) An identification card issued under subsection (1) is 

prima facie 

proof of prima facie proof that the blind person and his dog 
guide identified therein are qualified for the purposes of 
this Act. 



qualification 



Surrender 
of cards 



(3) Any person to whom an identification card is issued 
under subsection (1) shall, upon the request of the Attorney 
General or an officer of his Ministry designated by him in 
writing, surrender his identification card for , amendment or 
cancellation. 1976, c. 14, s. 4. 



Regulations 5^ Jhe Lieutenant Governor in Council may make regula- 
tions prescribing qualifications for dog guides. 1976, c. 14, s. 5. 



Penalty 



6. — (1) Every person who is in contravention of section 2 is 
guilty of an offence and on conviction is liable to a fine not 
exceeding $1,000. 



Idem 



(2) Every person who is in contravention of section 3 or of 
subsection 4 (3) or who, not being a blind person, purports to be a 
blind person for the purpose of claiming the benefit of this Act is 
guilty of an offence and on conviction is liable to a fine not 
exceeding $100. 1976, c. 14, s. 6. 



,'ft 






.:ii lo yDfiBq;' 



7nsi •;)t t .t'jfp'vi 



Sec. 2 BLIND workmen's COMPENSATION Chap. 45 327 

CHAPTER 45 
Blind Workmen's Compensation Act 

1 . In this Act, interpre- 

tation 

(a) "blind workman" means a workman as defined by 

the Workmen's Compensation Act who has a central RS.o, iggo. 
visual acuity in his better eye reading 6-60 or 20-200 
or less; 

ib) "Board" means The Workmen's Compensation 
Board; 

(c) "employer" means an employer as defined by the 
Workmen's Compensation Act who has in his employ 
a blind workman; 

(d) "full cost of compensation" means the compensa- 
tion, burial expenses, cost of furnishing medical aid, 
and all other amounts payable under or by virtue of 
Part I of the Workmen's Compensation Act by 
reason of a blind workman meeting with an acci- 
dent for which he would be entitled to compensa- 
tion under such Act, and includes the capitalized 
sum or present value of the sum required as deter- 
mined by the Board to provide for future payments 
of compensation to the pensioner or his dependants; 

ie) "Institute" means The Canadian National Institute 
for the Blind; 

if) "Ministry" means the Ministry of Labour. R.S.O. 
1970, c. 46, s. 1; 1972, c. 1, s. 1. 

2. Where the full cost of compensation exceeds $50, the Reimburse- 
Ministry shall, in the case of industries coming under employers 
Schedule 1 of the regulations under the Workmen's Com- 
pensation Act, pay the compensation to the Board by way 
of reimbursement to the accident fund as defined by such 
Act, and, in the case of industries coming under Schedule 
2 of such regulations, pay the compensation to the employer, 
such payment or payments to be made out of the moneys 
appropriated therefor by the Legislature upon receiving from 
the Board a certificate of the full cost of compensation, which 
certificate may be accepted by the Ministry without further 
proof. R.S.d. 1970, c. 46, s. 2; 1972, c. 1, s. 1. 



328 



Chap. 45 BLIND workmen's compensation 



Sec. 3 



Prior 3. In making any award to a blind workman for injury by 

R.s.o. 1980, accident under the Workmen's Compensation Act, the Board 
c 539 may have regard to any previous awards made to him for 

injury under such Act. R.S.O. 1970, c. 46, s. 3. 



Assessments 



4. The assessment on an employer to be levied by the 
Board on the wages of a blind workman may be fixed by 
the Board at such an amount as may be considered fair, 
having regard to the Workmen's Compensation Act. R.S.O. 
1970, c. 46, s. 4. 



Proper 
placement 



5. — (1) Subject to subsection (2), the Institute has ex- 
clusive jurisdiction as to the nature of the work a blind 
workman shall do and as to the proper placement of such 
workman. 



Assignment 
of powers 
and duties 
of the 
Institute 



(2) Upon the recommendation of the Board, the Lieu- 
tenant Governor in Council may designate any other organiza- 
tion or institution to execute the powers and perform the 
duties assigned to the Institute under this Act and thereupon 
this Act shall be read as though the name of the organization 
or institution was substituted for the Institute. R.S.O. 1970, 
c. 46, s. 5. 



Waiver of 
rights in 
case of 
improper 
placement 



6. An employer giving employment to a blind workman 
without the consent or approval of the Institute, or 
changing the nature of such employment once approved by 
the Institute without the consent or approval of the In- 
stitute, shall be deemed to have waived all right to the 
benefit of this Act in respect of injury to such blind 
workman. R.S.O. 1970, c. 46, s. 6. 



Access to 

blind 

workman 



7. Officers of the Institute shall have access at all times to 
the place of employment of a blind workman with the 
knowledge and consent of the superintendent or foreman. 
R.S.O. 1970, c. 46, s. 7. 



Certificates 
or other 
requisitions 



8. The Institute shall provide the Board, upon request, 
with all such certificates or other material as may be 
required by the Board in the fulfilment of its duties. 
R.S.O. 1970, c. 46, s. 8. 



Sec. 1118 BOILERS AND PRESSURE VESSELS Chap. 46 329 

CHAPTER 46 
Boilers and Pressure Vessels Act 



1. In this Act, interpre- 

tation 

1. "boiler" means a fired vessel in which gas or vapour 
may be generated or a gas, vapour or liquid may be 
put under pressure by heating, and includes any 
pipe, fitting and other equipment attached thereto 
or used in connection therewith, except that, where 
the expression is used in respect of the approval and 
registration of its design, "boiler" means a fired 
vessel in which gas or vapour may be generated or 
a gas, vapour or liquid may be put under pressure 
by heating ; 

2. "certificate of approval" means a certificate issued 
under this Act for a boiler or pressure vessel not 
inspected during fabrication or for a plant not in- 
spected during installation ; 

3. "certificate of competency" means a certificate issued 
under this Act to a person qualified to inspect 
boilers, pressure vessels and plants, and includes a 
renewal thereof ; 

4. "certificate of inspection" means a certificate issued 
under this Act in respect of any inspection of a boiler, 
pressure vessel or plant, and includes a certificate 
of inspection issued by an insurer ; 

5. "chief inspector" means the chief inspector desig- 
nated under this Act ; 

6. "design", in reference to a boiler, pressure vessel 
or plant, means its plan or pattern, and includes 
drawings, specifications and, where required, the 
calculations and a model ; 

7. "design pressure" means the maximum pressure that 
a boiler, pressure vessel or plant is designed to 
withstand safely when operating normally; 

8. "fired vessel" means a vessel that is directly heated 

by. 



330 Chap. 46 BOILERS and pressure vessels Sec. 1 118 (a) 

(a) a flame or the hot gases of combustion, 

(b) electricity, 

(c) rays from a radioactive source, or 

(d) molecular agitation arising from the process 
of fission ; 

9. "fitting" means a safety valve, stop valve, auto- 
matic stop-and-check valve, a blow-down valve, 
reducing valve, water gauge, gauge cock, pressure 
gauge, injector, test cock, fusible plug, regulating or 
controlling device, and pipe fittings, attached to or 
used in connection with a boiler, pressure vessel or 
plant ; 

10. "inspector" means an inspector appointed under this 
Act, and includes the chief inspector ; 

R.so. 1980, 1 1 "insurer" means a person licensed under the Insurance 

Act to undertake boiler and machinery insurance as 
defined by that Act ; 

12. "low pressure boiler" means, 

(a) a boiler in which gas or vapour is generated 
and that is intended to be operated or is 
operated at a gas or vapour pressure of not more 
that 15 pounds, or 

(6) a boiler in which a liquid is heated but no gas 
or vapour is generated and that is intended 
to be operated or is operated at a liquid 
pressure of not more than 160 pounds and in 
which the liquid at the outlet does not exceed 
250°F. ; 



13. 



"major repairs" means repairs that may affect the 
strength of a boiler, pressure vessel or plant ; 



14. "maximum allowable pressure" means the maxi- 
mum pressure at which a boiler, pressure vessel or 
plant is permitted to be operated or used under this 
Act; 

15. "Minister" means the Minister of Consumer and 
Commercial Relations ; 

16. "owner" includes a person for the time being in 
possession of a boiler, pressure vessel or plant ; 



Sec. 1127 BOILERS AND PRESSURE VESSELS Chap. 46 331 

17. "periodic inspection" means an inspection made at 
intervals of other than twelve months ; 

18. "pipe" means any pipe attached to or connected with 
a boiler, pressure vessel or plant ; 

19. "plant" means a system of piping that is used to con- 
tain a gas, vapx)ur or liquid under pressure, and 
includes any boiler or pressure vessel connected 
thereto ; 

20. "pressure" means pressure in pounds per square inch 
measured above prevailing atmospheric pressure; 

21 . "pressure vessel" means an unfired vessel that may be 
used for containing, storing, distributing, trans- 
ferring, distilling, processing or otherwise handling 
any gas, vapour or liquid under pressure, and includes 
any pipe, fitting and other equipment attached 
thereto or used in connection therewith, except that, 
where the expression is used in respect of the approval 
and registration of its design, "pressure vessel" 
means an unfired vessel that may be used for con- 
taining, storing, distributing, transferring, distilling, 
processing or otherwise handling any gas, vapour 
or liquid under pressure ; 

22. "professional engineer" means a person registered 
as a professional engineer or a person who is licensed 
to practise as a professional engineer under the 
Professional Engineers Act; ^ f g? ^^^' 

23. "regulations" means the regulations made under 
this Act; 

24. "seal" means to take any measures satisfactor\' to 
the chief inspector that will effectively prevent the 
operation or use of a boiler, pressure vessel or plant; 

25. "used boiler, pressure vessel or plant" means a 
boiler, pressure vessel or plant that has been sold or 
exchanged and that has been moved from its previous 
site of installation for use elsewhere; 

26. "welding" means welding in the fabrication or repair 
of a boiler, pressure vessel or plant; 

27. "welding operator" means a person engaged in 
welding, either on his own account or in the employ 
of another person, on the fabrication or repair of 



332 



Chap. 46 



BOILERS AND PRESSURE VESSELS 



Sec. 11127 



Exemptions 
from Act 



boilers, pressure vessels or plants or parts thereof. 
R.S.O. 1970, c. 47, s. 1 ; 1972, c. 1, s. 28; 1972, c. 31, 
s. 1. 

2. — (1) This Act does not apply to, 

(a) a boiler used in connection with a hot liquid heating 
system that has no valves or other obstructions to free 
circulation between the boiler and an expansion tank 
that is vented freely to the atmosphere ; 

{b) a low pressure boiler having a heating surface of 30 
square feet or less ; 

(c) a boiler, pressure vessel or plant used exclusively for 
agricultural purposes ; 

{d) a pressure vessel having a capacity of 1^2 cubic 
feet or less ; 

(e) a pressure vessel for permanent use at a pressure of 
15 pounds or less ; 

(/) a pressure vessel having an internal diameter of 
6 inches or less ; 

{g) a pressure vessel having an internal diameter of 
24 inches or less used for the storage of hot water for 
domestic use ; 

(h) a pressure vessel used exclusively for hydraulic pur- 
poses at atmospheric temperature ; 

{i) a pressure vessel having an internal diameter of 
24 inches or less connected in a water-pumping 
system containing air that is compressed to serve as a 
cushion ; 

(J) a refrigeration plant having a capacity of three 
tons or less of refrigeration in twenty-four hours. 



Additional 
exemptions 



(2) The Lieutenant Governor in Council may exempt any 
class of boiler, pressure vessel or plant from this Act or the 
regulations or any provision thereof. R.S.O. 1970, c. 47, s. 2. 



Inspectors, 
appoint- 
ment 



Inspectors 
not to have 
interest in 
sale, etc., 
of boilers, 
etc. 



3. — (1) The Lieutenant Governor in Council may appoint 
inspectors to inspect boilers, pressure vessels and plants under 
this Act, and may designate one of them as the chief inspector. 

(2) No person shall be appointed or act as an inspector 
who has any direct or indirect financial interest in boilers, 
pressure vessels or plants. R.S.O. 1970, c. 47, s. 3. 



Sec. 8 (b) BOILERS AND PRESSURE VESSELS Chap. 46 333 

4. — (1) No person shall carry out an inspection of a boiler, ^«'^*flcate 
pressure vessel or plant for the purposes of this Act who competency 
does not hold a certificate of competency. 

(2) Subject to the regulations, every applicant for a certificate ^amina- 
of competency shall pass such examinations and tests as the 
Minister may require. 

(3) The Minister may suspend, cancel or refuse to renew any suspension 
certificate of competency for such reasons as are prescribed lation 

by the regulations. R.S.O. 1970, c. 47, s. 4. 

5. An inspector in the course of his duties may enter any ^^|^^* to^j^ 
building or premises where he has reason to believe that a boiler, in«8 and 
pressure vessel or plant is being installed, operated or used. 
R.S.O. 1970, c. 47, s. 5. 

6. — (1) No person shall hinder or obstruct an inspector o^gtJ"^ctin| 
in the performance of his duties under this Act or neglect information, 
or refuse to furnish information to an inspector in the per- 
formance of his duties or furnish him with false or mis- 
leading information. 

(2) Every person shall furnish all necessary means in his^n^.^^^^ 
power to facilitate any entry, inspection, examination or etc. 
inquiry by an inspector in the exercise of his powers and the 
carrying out of his duties under this Act. R.S.O. 1970, 

c. 47, s. 6. 

7. The chief inspector may by notice in writing require ^°*^j;J^° 
the attendance before him of any person at the time and place ^n^^e^amine 
named in the notice and examine such person under oath under oath 
regarding any matter pertaining to a boiler, pressure vessel 

or plant or in respect of an accident arising out of its 
operation or use. R.S.O. 1970, c. 47, s. 7. 

8. On every annual or periodic inspection of a boiler, J°^|^o^°^ 
pressure vessel or plant, the inspector, iMpecti^°° 

(a) shall satisfy himself that the boiler, pressure vessel or 
plant is being operated or used and maintained in 
accordance with this Act and the regulations and that 
the safety valves have seals and are properly set; 
and 

(b) shall review the maximum allowable pressure of the 
boiler, pressure vessel or plant and make any reduc- 
tion in it for safe operation or use having regard to its 
design, fabrication, age, condition and use. R.S.O. 
1970. c. 47. s. 8. 



334 



Chap. 46 



BOILERS AND PRESSURE VESSELS 



Sec. 9 



Power to 
require 
owner, etc., 
to do things 
necessary 
for proper 
inspection 



Safety- 
measures 
during 
inspection, 
repair, etc. 



9, An inspector may require the owner or other person 
responsible for or in charge of a boiler, pressure vessel or plant, 

(«) to prepare it for inspection or test in such manner as 
the inspector requires and to supply water for and to 
assist in making any test ; 

(b) to cut or drill holes in it or to use any other method 
to enable the inspector to determine its condition 
and the thickness of the metal ; 

(c) to put it under pressure or otherwise put it into 
operation so that the inspector may test the safety 
valves or any part of the installation under operating 
conditions ; 

{d) to stop the application of heat to a boiler or to reduce 
the pressure upon a boiler, pressure vessel or plant to 
a designated pressure if the inspector has reason to 
believe that it is in an unsafe condition ; and 

(e) to do any other thing the inspector considers 
necessary to ensure a proper inspection. R.S.O. 
1970, c. 47, s. 9. 

10. Where during an inspection, repair or the main- 
tenance of a boiler, pressure vessel or plant there is any 
possibility of any gas, vapour or liquid causing injury to the 
person inspecting, repairing or maintaining it, the owner or 
other person responsible for or in charge thereof shall, 

{a) have a competent person stationed so as to prevent 
any gas, vapour or liquid from entering the boiler, 
pressure vessel or plant or any part thereof; and 

(6) take such other measures as will ensure the safety 
of the person inspecting, repairing or maintaining 
the boiler, pressure vessel or plant. R.S.O. 1970, 

c. 47, s. 10. 



Directions 
by inspector 
re instal- 
lation, 
operation, 
etc. 



Refusal of 
owner, etc., 
to obey 
directions of 
inspector 



1 1 . — ( 1 ) An inspector may give directions orally or in 
writing to the owner or other person responsible for or in 
immediate charge of a boiler, pressure vessel or plant on any 
matter pertaining to safety with regard to its installation, 
operation, care, maintenance or repair and require that his 
directions be carried out within such time as he specifies. 

(2) If the owner or other person responsible for or in 
immediate charge of a boiler, pressure vessel or plant fails 
to comply with any direction given by an inspector, the 



Sec. 15 (1) ib) BOILERS AND PRESSURE VESSELS Chap. 46 335 

inspector shall order that the boiler, pressure vessel or plant 
be shut down or sealed and he shall forthwith report the 
circumstances to the chief inspector who may cancel the 
certificate of inspection or the certificate of approval. R.S.O. 
1970, c. 47. s. 11. 

12. Where in the opinion of an inspector a boiler, pressure where 
vessel or plant is in an unsafe operating condition or is being unsafe 
operated in a dangerous manner, the inspector shall seal the 
boiler, pressure vessel or plant and take such steps as are 
necessary to remove the danger, and the chief inspector may 
cancel the certificate of inspection or the certificate of 
approval. R.S.O. 1970. c. 47. s. 12. 

13. No person shall operate or use a boiler, pressure Prohibition 

, T , r 11 1 1 1 '■e operation 

vessel or plant that has been shut down or sealed under of sealed 

boiler 6tjC 

section 11 or 12, or cause or permit it to be operated or used, 
or destroy, remove or tamper with the seal of an inspector 
until permission has been obtained from an inspector. R.S.O. 
1970, c. 47, s. 13. 

14. — (1) Where a boiler, pressure vessel, fitting or pipe is^®?*^°^^ 
to be fabricated for use in Ontario, the designer shall submit 
its design and specifications to the chief inspector for approval 
and registration bv him before commencing its fabrication. 
R.S.O. 1970, c. 47, s. 14(1). 

(2) Where approval and registration is sought for the design of a prof^g^nai 
boiler or pressure vessel to be fabricated for use in Ontario the engineer 
designer shall submit, with the design and specifications, draw- 
ings of the design that bear the signature and seal of a professional 
engineer. 1972, c. 31, s. 2. 

(3) Where an unused boiler or pressure vessel has been fabri- where ^^^ 
cated and its design and specifications have not been approved available 
and registered, the chief inspector may cause it to be inspected, 

and, if he is satisfied that it may be operated or used safely, may 
issue a certificate of inspection for it as a used boiler or pressure 
vessel. 

(4) Where a plant is to be installed, its design and specifica- °f®^jfSt 
tions shall be submitted to the chief inspector for approval 

and registration before its installation is commenced. R.S.O. 
1970. c. 47, s. 14(2,3). 

15.— (1) The chief inspector may require the inspection, ^^J?^|"°° 

fabrication, 

(a) of a boiler or pressure vessel at any stage of its etc. 
fabrication ; or 

(b) of a boiler, pressure vessel or plant at any stage of 
its installation. 



336 



Chap. 46 



BOILERS AND PRESSURE VESSELS SeC. 15 (2) 



certfficate of ^^^ Where a boiler or pressure vessel has been inspected 
inspection during fabrication or a plant has been inspected during 
installation, the inspector shall report thereon to the chief 
inspector who, if satisfied that it may be operated or used 
safely, may issue a certificate of inspection for it. R.S.O. 
1970, c. 47, s. 15. 



Certificate 
of approval 



1 6. Where the chief inspector has not required the inspec- 
tion of a boiler or pressure vessel during its fabrication or of 
a plant during its installation, he may, if he is satisfied 
that it may be operated or used safely, issue a certificate of 
approval therefor. R'.S.O. 1970, c. 47, s. 16. 



Boiler, etc., 
defective 
after 
fabrication 



17. Notwithstanding the approval and registration of its 
design, if a boiler, pressure vessel or plant is found to be 
defective after its fabrication or installation, as the case may 
be, the chief inspector may permit it to be operated or used 
within such limits of safety as he considers proper, and shall 
require the fabricator or installer to revise its design and 
specifications in order to correct its defects within such 
period as he may allow, and, failing such revision or if the 
defects cannot in his opinion be remedied, he shall cancel the 
approval and registration of the design, and no additional 
boiler, pressure vessel or plant shall be fabricated or installed 
therefrom. R.S.O. 1970, c. 47, s. 17. 



Boiler | g. Where a boiler, pressure vessel or plant has not been 

fabricated in fabricated or installed, as the case may be, in conformity 

with with its approved design but nevertheless may be used safely 

desfgn^ at a lower pressure that its design pressure, the person 

making the inspection shall fix its maximum allowable 

pressure having regard to its design, condition, installation and 

the purpose for which it is to be operated or used. R.S.O. 

1970, c. 47, s. 18. 

Prohibition \Q — (U ]sjo Dcrson shall Operate or use, or permit to be 

re operation \ / r r > r 

of boilers, Operated or used, any boiler, pressure vessel or plant at a 
unsafe working pressure higher than its design pressure. 

pressures 



Idem 



(2) No person shall operate or use, or permit to be operated 
or used, a boiler, pressure vessel or plant at a pressure 
higher than its maximum allowable pressure as shown in the 
certificate of approval or the subsisting certificate of inspection. 
R.S.O. 1970, c. 47, s. 19. 



Safety 
valves 



20. — (1) Subject to subsection (2), every boiler, pressure 
vessel or plant shall have at least one safety valve of ade- 
quate capacity set to relieve at or below its maximum allowable 
pressure. 



i 



Sec. 24 (2) BOILERS AND PRESSURE VESSELS Chap. 46 337 

(2) Where more than one boiler or pressure vessel are ^^^"^ 
connected in a plant for use at a common operating pressure, 
they shall be protected by one or more safety valves of 
adequate capacity set to relieve at or below the common 
maximum allowable pressure that shall not exceed the maxi- 
mum allowable pressure of the \veakest boiler or pressure 
vessel in the plant. R.S.O. 1970, c. 47, s. 20. 

21. While a boiler, pressure vessel or plant is in operation Tampering 
or use, no person shall, without the permission of an inspector,^ °^ 
alter, interfere with or render inoperative any fitting that is 
attached for safety purposes to the boiler, pressure vessel or 

plant. R.S.O. 1970, c. 47, s. 21. 

22. Subject to subsection 28 (2), the owner of every boiler or^^^^^°^ 
pressure vessel in operation or use shall have it inspected at least inspection 
once in every twelve months, or at such periodic intervals as are 
prescribed in the regulations, by an inspector or, on the instruc- 
tions of the chief inspector, by a person having a subsisting certifi- 
cate of competency. R.S.O. 1970, c. 47, s. 22. 



23. — (1) Following any inspection, the inspector shall is^"® of 
make a report to the chief inspector on the condition and of inspection 
operation or use of the boiler, pressure vessel or plant, and, 
if the inspector is satisfied that it may continue to be operated 
or used safely, the chief inspector may issue a certificate of 
inspection. 

(2) The fee for a certificate of inspection and the expenses Fee a°d 

^ ' * * expenses 

of the inspector shall be paid to the inspector at the time of 
inspection, unless the chief inspector has notified the inspector 
that the fee and expenses are being remitted direct to the 
chief inspector. 

(3) The chief inspector shall not issue a certificate of ap-i<*e™ 
proval or a certificate of inspection for a boiler, pressure 
vessel or plant until the provisions of this Act applicable 
thereto have been complied with and the prescribed fees and 
expenses have been paid. R.S.O. 1970, c. 47, s. 23. 

24. — (1) A certificate of inspection or a certificate oi^l^^^^ 
approval is prima facie evidence of the inspection of the boiler, operation 
pressure vessel or plant, and the certificate, subject to this 
Act, authorizes the operation or use of the boiler, pressure 
vessel or plant in accordance with the terms of the certificate. 

(2) Every certificate of inspection or certificate of approval Expiration 
remains in force for twelve months from the date of in- certificate 
spection unless it is sooner cancelled or unless a shorter or 
longer period is specified therein. 



338 



Chap. 46 



BOILERS AND PRESSURE VESSELS SeC. 24 (3) 



(3) The maximum allowable pressure at which a boiler, 
pressure vessel or plant may be operated or used and the 



Maximum 

pressure 

lobe 

certificate safety valve set to relieve shall be specified in the certificate 
of inspection or certificate of approval. 



Certificate 
to be posted 



(4) Every certificate of inspection or certificate of approval 
shall be kept in good condition by the owner of the boiler, 
pressure vessel or plant for which it was issued, and he shall 
post it in a conspicuous place near such boiler, pressure vessel 
or plant or, if that is impracticable, at such place as an 
inspector may direct. R.S.O. 1970, c. 47, s. 24. 



re o^erati*on ^^* ^° person shall operate or use or permit to be operated 
without or used a boiler, pressure vessel or plant unless a certificate 

OGrtlflCflitG 

of Inspection of inspection or a certificate of approval for it is in force. 
R.S.O. 1970, c. 47, s. 25. 



Further 
Inspection 
at any time 



26. — (1) Notwithstanding that a certificate of inspection 
or a certificate of approval is in force, the chief inspector 
may order a further inspection of a boiler, pressure vessel or 
plant at any time, or an inspector may make a further in- 
spection at any time, and the owner shall pay the fee and 
expenses prescribed therefor. 



Issue of 

new 

certificate 



(2) Where an additional inspection is made under sub- 
section (1), the inspector shall report thereon to the chief 
inspector who, if satisfied that the boiler, pressure vessel or 
plant may be operated or used safely, may issue a certificate 
of inspection for it. R.S.O. 1970, c. 47, s. 26. 



Duties of 
owner 



27. Every owner of a boiler, pressure vessel or plant 
shall ensure that the boiler, pressure vessel or plant is main- 
tained in a safe working condition and operated safely. 1972, 
c. 31,s. 3. 



Insured 
boilers, 
etc. 



28. — (1) Where a boiler or pressure vessel has been insured, 
every annual or periodic inspection shall be carried out by 
or through the insurer, and the insurer, if satisfied that the 
boiler or pressure vessel may be operated or used safely, 
shall issue a certificate of inspection therefor. 



Exemption 

from 

inspection 

by 

Inspector 



(2) Where a boiler or pressure vessel is insured, it is 
exempt from annual or periodic inspection by inspectors 
appointed under this Act so long as the insurance is in force, 
unless the chief inspector requires the boiler or pressure 
vessel to be inspected by an inspector, in which case the fees 
and expenses referred to in section 23 shall be paid by the 
owner. 



Sec. 29 (5) BOILERS AND PRESSURE VESSELS Chap. 46 339 

(3) Every insurer shall file with the chief inspector, within inspection 
twenty-one days after an inspection has been made, a copyfnsured 
of the report of the inspection over the signature of the per- 
son making the inspection. 

(4) Every insurer shall forthwith notify the chief inspector cancellation 
in writing of the cancellation or rejection of insurance on a of insurance 
boiler or pressure vessel, together with the reasons therefor. 

(5) Where an insurer has cancelled insurance on a boiler or cancellation 
pressure vessel because he considers it unsafe for operation certificate 
or use, he shall cancel its certificate of inspection, take posses- f/suef by"°° 
sion of the certificate and forthwith notify the chief inspector ^^^^^^^ 

in person or by telegram or telephone of the circumstances 
of the cancellation. R.S.O. 1970, c. 47, s. 28. 

29. — (1) The Minister may permit the chief inspector to Employment 

, , . f . •' ^ f , ■ /- , °f Insurer, 

employ the services of an insurer or of any person qualified etc., 

to engage in the business of inspection of boilers and pressure inspection 

vessels in Ontario to make any inspection required under 

this Act and to report thereon within fourteen days after 

the completion of the inspection. 

(2) Where a boiler or pressure vessel is to be fabricated ^^^^jj^|.^° 
outside Ontario in any province of Canada for use in Ontario, etc^ ^ ^ 
the chief inspector may arrange with the person in charge in other 
of the inspection of boilers and pressure vessels for the^"^" 
province in which it is to be fabricated to carry out inspections 
during its fabrication and may accept the inspection reports 
submitted to him by such person for the purposes of this 

Act. 

(3) Where a boiler or pressure vessel is to be fabricated J,^^^^^|.^° 
in the United States of America for use in Ontario, the chief etc 

laDrtcatea 

inspector may arrange for the inspection of it during fabrica- in u.s.a. 
tion by an inspector holding a commission issued by the 
National Board of Boiler and Pressure Vessel Inspectors and 
may accept the inspection reports of such inspector for the 
purposes of this Act. 

(4) Where a boiler or pressure vessel is to be fabricated J?^^^^J.^° 
outside Canada and the United States of America for use in ^^^^^^^ 
Ontario, the chief inspector may arrange for the inspection elsewhere 
of it during fabrication through any agency engaged in boiler 

or pressure vessel inspection and may accept the inspection 
reports of the agency for the purposes of this Act. 

(5) Where a boiler or pressure vessel is inspected under ^^^[^^^"^^^^^^ 
subsection (1), (2), (3) or (4), a certificate of inspection therefor may 

be issued by the chief inspector. R.S.O. 1970, c. 47, s. 29. 



340 



Chap. 46 



BOILERS AND PRESSURE VESSELS 



Sec. 30 



Used 
boilers, etc., 



Boilers, etc., 

previously 

used 

outside 

Ontario 



30. Every used boiler, pressure vessel or plant shall be 
inspected and tested by an inspector before it is put into 
operation or use, and he shall report thereon to the chief 
inspector, and, if the chief inspector is satisfied that it may 
be operated or used safely, he may issue a certificate of in- 
spection. R.S.O. 1970, c. 47. s. 30. 

31. — (1) No person shall install or permit to be installed a 
boiler, pressure vessel or plant previously used outside Ontario 
unless the consent of the chief inspector has been obtained 
for such installation. 



Idem, 
operation 
or use 



(2) No person shall operate or use, or permit to be operated 
or used, a boiler, pressure vessel or plant previously used 
outside Ontario unless the chief inspector has issued a certifica- 
cate of inspection therefor. R.S.O. 1970, c. 47, s. 31. 



Repairs to 
boilers, etc., 
found 
unsafe 



32. Where a boiler, pressure vessel or plant is found to 
be in an unsafe condition, no person shall make any major 
repairs thereto until he has notified an inspector of the nature 
and extent of such repairs and an inspector has approved 
thereof, and the boiler, pressure vessel or plant shall not be 
put into operation or use until a further inspection by an in- 
spector has been made and the chief inspector has issued a 
new certificate of inspection therefor. R.S.O. 1970, c. 47, 
s. 32. 



Defects In 
boilers, etc., 
to be 
pointed 
out to 
Inspector 



33. When a boiler, pressure vessel or plant is being in- 
spected, the owner or other person responsible for it or in 
immediate charge of it shall point out to the inspector any 
defect of which he has knowledge or that he believes to exist 
in it, and, if at any other time he learns of any defect that 
might render it unsafe to operate or use, he shall forthwith 
notify the chief inspector in person or by telegram or telephone 
of the circumstances. R.S.O. 1970, c. 47, s. 33. 



boi^ers^et^c! 34. — (1) Where an inspector has inspected a boiler, pressure 
vessel or plant and has satisfied himself that it can no longer 
be operated or used safely, he shall condemn it and notify 
the chief inspector that he has condemned it and shall seal 
it with a seal or label indicating that it is condemned and 
shall take possession of its certificate of inspection. 



Prohibition 
re operation 
of 

condemned 
boilers, etc., 



(2) No person shall operate or use, or permit to be operated 
or used, a boiler, pressure vessel or plant that has been con- 
demned unless he has had it repaired as required by the 
chief inspector and a further inspection has been made by 
an inspector and the chief inspector has issued a new certificate 
of inspection therefor. 



Sec. 36 (10) (a) boilers and pressure vessels Chap. 46 341 

(3) No boiler, pressure vessel or plant that has been con- Prohibition 
demned shall be moved to another location for operation or use removal 
without the consent of the chief inspector. R.S.O 1970 ^°^^^ 
0. 47. s. 34. 

35. The owner of a boiler, pressure vessel or plant, upon Notice of 
permanently removing it from operation or use, shall forth- from 
with notify, in the prescribed form, the chief inspector Qf°'^®''*"°° 
such removal. R.S.O. 1970, c. 47, s. 35. 

36. — (1) The procedures to be followed in welding shall -Approval of 
be approved by the chief inspector. Fn^eiding* 

(2) Every welding operator shall pass such quaUfication ^"^^^^cation 
tests as the chief inspector may require. 

(3) No welding operator shall weld except under an approved be done 

procedure. approved 

procedure 

(4) The chief inspector shall issue an identification card i<^®°"fl°a"o° 
to every welding operator who passes a quahfication test. 

(5) Every identification card shall indicate the employer for ^^^^ 
whom the welding operator is qualified to weld or that he is 
self-employed or that he desires to be employed and the class 

or position of welding that he is qualified to do. 

(6) A welding operator may be required at any time to fg^^g*^®^ 
pass such further qualification tests as the chief inspector 

may require, at which time his identification card shall be 
cancelled and, on his passing such further tests, a new 
identification card shall be issued to him. 

(7) Such fees as are prescribed by the regulations for the ^^^^ 
test of a welding operator shall be paid at the time the test is 
given by the employer of the welding operator or, if he is 
self-employed or desires to be employed, by himself. 

(8) Every welding operator shall carry his identification i^entifi^a- 
card upon his person when welding and shall produce it when ^°^gjj 
requested by an inspector. 

(9) When a welding operator changes his employer or is first ^®^^^ 
employed by an employer, he shall not commence to weld employer 
for his new employer or his employer, as the case may be, 

until he has passed a further qualification test and has been 
issued a new identification card. 

(10) No welding operator shaU do welding, S'SSiuau" 

fled person 

(a) unless he is the holder of a subsisting identification ^° ''®^** 
card; 



342 



Chap. 46 BOILERS AND PRESSURE VESSELS SeC. 36 (10) (b) 



{b) in the employ of any person other than the employer 
named on his identification card ; or 

(c) of a class or position of welding for which he is not 
qualified. 



Employer 
not to 
permit 
welding by 
unqualified 
person 



^11) No employer shall permit a welding operator, 

{a) to weld unless he is the employer named in the 
welding operator's identification card ; or 



{b) to do a class of welding or to weld in a position for 
which the welding operator is not qualified. R.S.O. 
1970, c. 47. s. 36. 

ofaccfdents 37.— (1) Where an explosion or rupture of a boiler, pressure 
vessel or plant occurs, or where an accident arises out of its 
operation or use that causes injury or death to a person, or 
property damage, the owner or person in charge shall forth- 
with notify the chief inspector in person or by telegram or 
telephone giving him full details of the accident and shall 
within forty-eight hours after the explosion or rupture occurs 
send him a written report of the circumstances of the occurence. 

Investigation (2) The chief inspector or any inspector under his instruc- 
tion shall investigate any explosion, rupture or accident so 
reported, or of which he becomes aware, to determine its 
cause. R.S.O. 1970, c. 47, s. 37. 



After 

explosion or 
rupture, 
parts not 
to be 
removed, 
etc. 



38. Where an explosion or rupture of a boiler, pressure 
vessel or plant occurs, no person shall, except for the purpose 
of saving life or relieving human suffering, interfere with, 
disturb, destroy, carry away or alter any wreckage, article or 
thing at the scene of or connected with the occurrence until 
permission so to do is given by an inspector. R.S.O. 1970, 
c. 47, s. 38. 



Appeal from 
action of 
inspector 



39. — (1) Any person who is dissatisfied with an inspection 
or action taken by an inspector may within thirty days 
thereof appeal to the Minister, who may thereupon cause 
another inspection to be made by one or more inspectors who 
shall report to him, and the decision of the Minister is final. 



Expenses 
of appeal 



(2) Any expenses occasioned by the appeal and second 
inspection as determined by the Minister shall be paid by the 
appellant. R.S.O. 1970, c. 47, s. 39. 



ro^be^°**^^°°^ '*^* Subject to this Act and the regulations, the publica- 
referred tions of the Canadian Standards Association, of the American 
inspectors Standards Association and of the American Society of Mechani- 



Sec. 42 (//) BOILERS AND PRESSURE VESSELS Chap. 46 343 

cal Engineers, as amended from time to time, shall be deemed 
to contain the rules that shall be referred to by the chief in- 
spector and the inspectors in carrying out their duties under 
this Act in reference to the approval of designs, the fabrica- 
tion, installation, inspection, testing, operation, and use of 
boilers, pressure vessels and plants. R.S.O. 1970, c. 47, s. 40. 

4 1 . Every person who contravenes any of the provisions offences 
of this Act or the regulations, or any direction or order given to 
him by an inspector, is guilty of an offence and on conviction is 
liable to a fine of not more than $1,000 or to a term of imprison- 
ment of not more than twelve months, or to both fine and impris- 
onment. R.S.O. 1970, c. 47, s. 41. 

42. The Lieutenant Governor in Council may make Regulations 
regulations, 

(a) prescribing the qualifications of persons who may be 
issued certificates of competency ; 

{b) providing for the issue and renewal of certificates of 
competency and for the expiration, suspension and 
cancellation thereof ; 

(c) providing for periodic inspections of any class of 
boilers or pressure vessels ; 

{d) requiring the payment of fees for any official function 
under this Act and prescribing the amounts thereof; 

{e) providing for the payment by the fabricator or owner 
of a boiler or pressure vessel or the installer or owner 
of a plant of any or all of the expenses incurred by 
an inspector in making an inspection of it ; 

(/) governing the design, fabrication, installation, opera- 
tion, use, repair, maintenance and inspection of boilers, 
pressure vessels and plants or any class thereof; 

{g) prescribing the manner in which the design of a boiler, 
pressure vessel, plant, fitting or pipe shall be registered 
and numbered, and the manner in which it shall be 
marked or identified ; 

(h) prescribing the drawings and specifications that shall 
accompany an application for approval and registra- 
tion of the design of a boiler, pressure vessel, plant, 
fitting, or pipe and the information to be included 
therein ; 



344 Chap. 46 boilers and pressure vessels Sec. 42 (i) 

{i) prescribing the terms and conditions upon which an 
approved and registered design may be revised; 

(J) prescribing the manner by which the capacity of a 
boiler, pressure vessel or plant may be determined; 

(k) requiring the fabricator or his agent or officer in 
charge of fabrication to make a report in respect of 
the fabrication of a boiler or pressure vessel, and 
prescribing the information that shall be contained 
in the report and the manner in which it shall be 
verified ; 

(/) requiring the installer or his agent or officer in 
charge of the installation of a plant to make a report 
in respect of the installation of the plant, and pre- 
scribing the information that shall be contained in 
the report and the manner in which it shall be verified ; 

(m) prescribing the plans, drawings and information to 
be given in respect of the repair of a boiler, pressure 
vessel or plant ; 

(«) prescribing the conditions under which a boiler, 
pressure vessel or plant may be mounted on a vehicle ; 

(o) requiring every inspector and insurer to stamp or 
otherwise permanently identify, by a departmental 
number designated by the chief inspector, every 
boiler, pressure vessel or plant inspected by him that 
does not then have such a departmental number, 
and establishing such a system of identification and 
providing for and fixing the amount of the remunera- 
tion that shall be paid to insurers for so doing; 

{p) providing for the assigning of identifying symbols to 
welding operators, and requiring and providing for the 
imprinting of the symbol by the welding operator on 
welds made by him ; 

{q) classifying refrigerants and governing the conditions 
under which they may be used ; 

(r) prescribing forms and providing for their use ; 

(s) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this Act. 
R.S.O. 1970, c. 47, s. 42. 



Sec. 3 (3) ib) BOUNDARIES Chap. 47 345 

CHAPTER 47 
Boundaries Act 

1 . In this Act, interpre- 



tation 



(a) "Director" means the Director of Titles appointed under 

the Land Titles Act; R so. i98o, 

c. 230 

(b) "monument" means any device or object used to mark or 
witness a boundary; 

(c) "parcel" means an area of land described in an instru- 
ment by which the title to an interest in land is or was 
established or an area of land shown on a plan and 
includes a public highway or any part thereof; 

(d) "prescribed" means prescribed by the regulations made 
under this Act; 

(e) "surveyor" means an Ontario land surveyor authorized 

to practise under the Surveyors Act. 1980, c. 51, s. 1. ^ ^^^ ^^^' 

2. The Minister of Consumer and Commercial Relations is Af'm«"is- 
responsible for the administration of this Act. 1980, c. 5 1 , s. 2 . 

3. — (1) Where doubt exists as to the true location on the AppikaUon 
ground of any boundary of a parcel, an application, in the pre- confirmation, 
scribed form, may be made to the Director to confirm the true ?^ , . 

' -' bounrianes 

location of the boundary on the ground. 



(2) The Minister of Transportation and Communications, the Py^ic 
council of a municipality or an authority having jurisdiction over a 
public highway may apply to the Director, in the prescribed form, 

to confirm the true location of the boundaries on the ground of a 
public highway under its jurisdiction. 

(3) An application to the Director under subsection (1) may who may 

V / ff apply 

be made by, 

(a) the owner of an interest in the parcel; 

{b) the council of the municipality in which the parcel is 
situate; 



346 



Contents 

of 

application 



Further 
materials 



Chap. 47 BOUNDARIES Sec. 3 (3) (c) 

(c) a Minister of the Crown; 

id) the Surveyor General of Ontario; 

(e) the Surveyor General of Canada; or 

(/) with the consent of the owner of an interest in the parcel, 
a surveyor. 1980, c. 51, s. 3. 

4. — (1) An application under section 3 shall be accompanied 
by, 

(a) a copy of an up-to-date plan of survey, signed by a 
surveyor indicating the location on the ground of the 
boundary or boundaries to be confirmed; 

(b) a copy of the field notes of the survey; and 

(c) such other information or material as is prescribed. 

(2) The Director may at any time require an applicant to fur- 
nish such additional or other information or material as he 
specifies. 1980, c. 51, s. 4. 



Where 

Director 

ma\' 

initiate 

proceedings 

Costs 



R.S.O. 1980, 
c. 230 



Costs of 
municipalit) 



5. — (1) The Director, of his own initiative, may initiate pro- 
ceedings under this Act and may engage a surveyor to make a 
survey and plan of the parcel or any boundary thereof. 

(2) Where the Director initiates proceedings under subsection 
(1), the costs of and incidental to the proceedings may, on an 
application to the Director of Land Registration, be paid out of 
The Land Titles Survey Fund referred to in subsection 59 (1) 
of the Land Titles Act, and subsections 59 (3) to (5) of that Act 
apply to an application under this subsection. 1980, c. 5 1, s. 5. 

6 . Where an application under this Act has been made by or on 
behalf of the council of a municipality, the costs of and incidental 
to the application shall be borne by the municipality and, except 
where the purpose of the application is to confirm the location of 
the boundaries of a public highway, the costs may be recovered by 
the levy of a special rate of assessment on all parcels included in 
the application. 1980, c. 51, s. 6. 



Xotice of 
application 



7. The Director shall cause a notice of an application under 
this Act to be given in such manner and to such persons as he 
considers proper in the circumstances and the notice shall set out 
the purpose of the application and the time fixed for delivering 
objections to the Director and, where a copy of the plan is not 
included with the notice, the notice shall state the place where a 
copy of the plan may be inspected. 1980, c. 51, s. 7. 



Sec. 10 BOUNDARIES Chap. 47 347 

8. — (1) Any person desiring to object to the location of the Objection 
boundary or boundaries to be confirmed, as shown on the plan of 
survey, shall deliver to the Director, by registered mail or by 
personal service within the time fixed by the notice of application, 
a written statement setting forth the nature and grounds of the 
objection. 

(2) Where a written statement of objection is received, the Hearing 
Director shall afford an opportunity for a hearing to determine the 
validity of the objection. 

(3) Where the time specified in the notice of application has Confirmation 
expired and no objection has been received, the Director, if he is heanTg 
satisfied by the application and the material filed in support 
thereof, may, without convening a hearing, confirm and, when 

the surveyor has complied with section 14, certify the location of 
the boundary or boundaries as shown on the plan of survey. 

(4) Where the Director is not satisfied by the application and Hearing 
the material filed in support thereof, he may convene a hearing Director is 
and require any person he considers necessary to appear at the ""' satisfied 

, J ff 5^. application 

hearmg to give evidence. 

(5) The applicant, any person who delivers a statement of Parties 
objection under subsection (1) and such other persons as the 
Director may specify, are parties to the proceedings for the con- 
firmation of the boundary or boundaries. 

(6) The Director shall cause a notice of hearing under this ^ioiKt of 
section to be given, in a manner prescribed by the regulations, to 

the parties and to such other persons as he may specify, setting 
forth the time, place and purpose of the hearing. 1980, c. 51, 

s. 8. 

9. — (1) Upon the hearing convened under section 8, the Hewing and 

,. ..... , , confirmation 

Director may dispose of any objection in such manner as he 
considers just and equitable under the circumstances and may, by 
order, confirm the location of the boundary or boundaries as 
shown on the plan of survey, or, if he thinks proper to do so, may 
order that the survey and plan be amended in such manner as he 
may direct, in which case he may confirm the location of the 
boundary or boundaries as shown on the plan as so amended. 

(2) The oral evidence taken before the Director at a hearing ^^.^^^'^l^^ °^ 
shall be recorded and, at the request of a party to the hearing, a 
copy of the recording shall be furnished to the party upon payment 
of the prescribed fee. 1980, c. 51, s. 9. 

10. The Director may order the removal of any monument '^'"""'^ents 
that conflicts with any boundary confirmed under this 
Act. 1980, c. 51, s. 10. 



348 



Chap. 47 



BOUNDARIES 



Sec. 11 (1) 



Costs 



1 1. — (1) An applicant under this Act is \iab\e prima facie to 
pay all costs, charges and expenses of and incidental to the appli- 
cation. 



Idem 



Appeal from 
IJirector's 
decision to 
Divisional 
Court 



Power 
of court 



(2) Upon the hearing convened under section 8, the Director 
may order costs to be paid by or to any person who is a party to a 
proceeding under this Act. Jr980, c. Si, s. 11. 

12. — (1) Any party aggrieved by an order of the Director 
made under subsection 9 (1) or under section 1 1 may appeal to the 
Divisional Court. 

(2) The Divisional Court, on an appeal from an order of the 
Director, may, 



(a) where the appeal is from an order under subsection 9(1), 
decide the matter on the evidence before it or direct the 
trial of an issue or may dismiss the appeal or order that 
the survey and plan be amended and confirm the loca- 
tion of the boundary or boundaries as shown on the 
amended plan; and 

(b) where the appeal is from an order as to costs under 
section 11, annul or, with or without modification, con- 
firm the order. 



Notice of 
appeal 



Certificate 

of 

confirmation 



Effect of 
confirmation 



(3) Notice of an appeal under this section shall be filed by the 
appellant with the court and a copy of the notice shall be served 
upon the Director and the other parties to the proceedings before 
the Director within thirty days after the date of mailing of the 
order of the Director to the party appealing. 1980, c. 51, s. 12. 

13. — (1) When the period of thirty days mentioned in subsec- 
tion 12 (3) has elapsed and no appeal has been taken or after an 
appeal, if taken, has been disposed of and the surveyor has com- 
plied with section 14, the Director shall certify the confirmation of 
the location of the boundary or boundaries as shown on the plan of 
survey as confirmed by the Director or the court, as the case may 
be. 

(2) When any boundary has been certified under subsection 8 
(3) or under subsection (1) of this section, the certificate is conclu- 
sive that the application and every notice, proceeding and act that 
ought to have been made, given or done has been made, given or 
done in accordance with this Act. 1980, c. 51, s. 13. 



Deposit of 
plan and 
field notes 
R.S.O. 1980, 
c. 493 



14. Notwithstanding the Surveys Act, when the boundary or 
boundaries shown on the plan have been confirmed and no appeal 
has been taken or after an appeal, if taken, has been disposed of, 
the surveyor shall deposit the plan and original field notes of the 
survey with the Director. 1980, c. 51, s. 14. 



Sec. 21 (a) boundaries Chap. 47 349 

15. — (1) The boundaries confirmed and certified by the ^^^^^ °^ 
Director and defined by the monuments shown on the plan under 
this Act shall, notwithstanding any other Act, be deemed to be the 
true boundaries of the parcel. 

(2) Nothing in this Act affects the establishment or re-estab- ^'»^'"» 
lishment of Hnes under the Surveys Act, other than the bound- ^S-O- i980, 
aries confirmed and certified under this Act. 1980, c. 5 1 , s. IS . 

16. — (1) When a boundary as shown on a plan of survey has Registration 
been confirmed and certified under this Act, the Director shall 
cause the plan or a copy thereof to be registered in the proper land 
registry office. 

(2) Upon receipt of the plan or a copy for registration, the land ^•^^'^ 
registrar shall register it and shall record it in the title register or 
abstract index for each parcel that adjoins a boundary that has 
been confirmed. 

(3) A plan registered under this section supersedes all corres- Effect of 
ponding portions of all former registered plans and descriptions. 
1980, c. 51, s. 16. 

17. A plan certified under this Act may be registered under Right to 
the Land Titles Act or the Registry Act, as the case may be, rs^o^iqso 
without any appoval under the P/awnmg .4 ci. 1980, c. 51, s. 17. cc. 230, 44S,' 

18. — (1) Upon the filing of evidence satisfactory to the Direc- Corrections 

, .,..,. . , 1 of errors and 

tor and upon either givmg such notice to interested persons as he omissions 
considers appropriate, or ex parte, he may order the correction of 
any inconsistency, error or omission in a plan that has been 
certified and registered under this Act or a predecessor thereof. 

(2) No corre6tion pursuant to this section shall affect the loca- Proviso 
tion of a boundary confirmed and certified under this Act or a 
predecessor thereof. 1980, c. 51, s. 18. 

1 9 . Where in the opinion of the Director the fees payable on an Re<iuction 

1 . . 1 1 • A • 1 • 1 of fees 

application under this Act are unduly excessive, having regard to 
all the circumstances, the Director may reduce the fees to such 
amount as he considers appropriate. 1980, c. 51, s. 19. 

20. This Act binds the Crown. 1980, c. 51, s. 20. Application 

' ' to Crown 

2 1 . The Lieutenant Governor in Council may make regula- Regulations 
tions, 

(a) governing standards and procedures for surveys and 
plans made for the purposes of this Act; 



350 Chap. 47 BOUNDARIES Sec. 21 (b) 

{b) prescribing the manner of making an application for 
confirmation of the location of boundaries and the ma- 
terial to be submitted with the application; 

(c) requiring any information in connection with any appli- 
cation, evidence or procedure to be verified by affidavit 
or declaration; 

(d) requiring the payment of fees and prescribing the 
amounts thereof; 

(e) prescribing one or more methods by which notice of a 
hearing under this Act may be given; 

if) prescribing forms and providing for their use; 

(g) prescribing the manner of making an objection to the 
location of the boundary or boundaries as shown on the 
plan of survey and the material to be submitted with the 
objection; 

{h ) prescribing administrative procedures for the purposes 
of this Act; 

{i ) governing the manner of recording oral evidence and the 
manner of providing copies thereof; 

ij) prescribing the procedures to be followed by land regis- 
trars with respect to matters under this Act; 

{k) respecting costs and the taxation thereof; and 

(/) governing the correction of plans under section 18. 
1980, c. 51, s. 21. 

Jransition 22. — (1) Notwithstanding section 23, where, prior to the 29th 

day of December, 1980, notice of an application has been given 
pursuant to subsection 9 (1) of The Boundaries Act, being chapter 
48 of the Revised Statutes of Ontario, 1970, the application shall 
be continued as if that Act had not been repealed. 

Mem (2) Where, prior to the 29th day of December, 1980, the Direc- 

tor received an application under section 4 of The Boundaries Act , 
being chapter 48 of the Revised Statutes of Ontario, 1970, but no 
notice of the application has been given under subsection 9 (1) of 
that Act, the application shall be taken up and continued in 
conformity with this Act. 1980, c. 51, s. 22. 



Sec. 4 (3) (a) bread sales Chap. 48 35 1 

CHAPTER 48 
Bread Sales Act 



1. In this Act, Interpre- 

tatlon 

(fl) "bake shop" means a building, premises, workshop, 
room or place in which bread is made for sale or sold; 

{b) "inspector" means an inspector appointed by a muni- 
cipal council under this Act or a member of the 
Ontario Provincial Police Force. R.S.O. 1970, c. 49, 
s. 1. 

2, The council of every city, town and village shall, and^PPo^^^*^ 
the council of every township may, appoint an inspector for inspector 
the purpose of enforcing this Act. R.S.O. 1970, c. 49, s. 2. 

3. — (1) Every person conducting a bake shop shall do so^ake shops 
only under a licence to be issued by the municipality, and licensed 
under regulations and conditions prescribed by by-law of the 
municipality, and no licence shall be issued until the medical 
officer of health gives a certificate that all regulations and 
conditions have been fully complied with. 

(2) Any licence issued under this Act may be revoked byK«^oca*^io° 
the council of the municipality. 

(3) The fee for the licence shall not exceed $1. R.S.O. 1970, ^^ 
c. 49, s. 3. 

4. — (1) Except as provided in subsection (2), no person shall weight 

1 L 1 r 1 11 rr r i i i • i ofbread 

make bread for sale or sell or offer for sale bread except m loaves 
weighing 16, 24 or 48 ounces avoirdupois. RS.O. 1970, c. 49, 

s. 4(1). 

(2) Small-bread may be made for sale, offered for sale and smaii-bread 
sold in any weight not exceeding 12 ounces avoirdupois. R.S.O. 

1970, c. 49, s. 4 (2). 

(3) On a day to be named by proclamation of the Lieutenant Amendments 

r^ to subss. (1), 

Governor, (2) 

(a) subsection (1) is amended by striking out "16, 24 or 48 
ounces avoirdupois" in the third line and inserting in Ueu 
thereof "450, 570, 675 or 900 grams"; and 



352 



Chap. 48 



BREAD SALES 



Sec. 4 (3) (b) 



Scales and 
weights in 
bake shop 



Offences 



(b) subsection (2) is amended by striking out "12 ounces 
avoirdupois" in the second line and inserting in lieu 
thereof "340 grams". 

6. Every person making bread for sale shall keep in a 
conspicuous and convenient place in the bake shop scales and 
weights suitable for weighing bread, and shall weigh the bread 
offered for sale by him at the request of any person desiring 
to purchase the bread, and the inspector may use such scales 
at any time for the purpose of weighing bread found by him in 
the bake shop. R.S.O. 1970, c. 49, s. 5. 

6. Every person who makes for sale or sells or offers for 
sale bread in contravention of the preceding sections, or who 
neglects to comply with section S, is guilty of an offence. R.S.O. 
1970, c. 49, s. 6. 



Offence 
of using 
deleterious 
material 



7. — (1) Every person who uses an adulterant or deleterious 
material in the making of bread for sale, or who knowingly 
sells or offers for sale any bread containing adulterant or 
deleterious material, is guilty of an offence, and is also liable 
as part of the costs of conviction to pay any expenses in- 
curred in procuring an analysis of such bread. 



Prima facie 
evidence of 
offence 



(2) The keeping in any place where bread is made for sale 
of any adulterant or deleterious material that may be used 
in the making of bread is prima facie evidence of an offence 
against subsection (1). R.S.O. 1970, c. 49, s. 7. 



Offence of 
interfering 
with 
inspector 



8. Every person who refuses the inspector admittance to 
his bake shop or who interferes with the inspector in the 
performance of his duties is guilty of an offence. R.S.O. 1970, 
c. 49, s. 8. 



Inspector's 
powers 



9. — (1) An inspector may, at any time prior to the delivery 
to a purchaser, weigh any bread made or offered for sale, 
and may take away any bread and cause it to be tested for 
the purpose of determining if any adulterant or deleterious 
material has been used in the making thereof. 



Destruction 
of 

adulterated 
bread 



(2) If the bread is found to contain any such adulterant 
or deleterious material, the inspector shall destroy it. 



pisposaiof (3) Where the inspector, upon weighing the bread, finds 

bread that it is of less than the prescribed weight, he shall seize 

and remove it and hand it over to some charitable institution. 

R.S.O. 1970, c. 49, s. 9. 



Duties of 
Inspector 



10. It is the duty of the inspector to see that this Act 
is complied with, and he shall make a report quarterly to the 



Sec. 13 BREAD SALES Chap. 48 353 

council showing the prosecutions taken and the quantity of 
bread seized or tested under this Act. R.S.O. 1970, c. 49, s. 10. 

1 1 . No person is liable to the penalties prescribed by this ^^®^^ 
Act for making or offering for sale short -weight bread unless not to be 
in the case of a manufacturer there are found at least ten ™*^^ 
short-weight loaves and in the case of a retailer there are 
found at least five short -weight loaves at one time, but all 
short -weight loaves are nevertheless liable to seizure as herein- 
before provided. R.S.O. 1970, c. 49. s. 11. 

12. In any prosecution under this Act, the certificate ofofl^ai^^ 
the analyst or assistant analyst of the Ministry of Health in as evidence 
writing stating the result of any test made by him under this 

Act and purporting to be signed by him is prima facie proof of 
the facts therein set forth and is receivable without proof of the 
signature or of the official character of the person who appears 
to have signed it. R.S.O. 1970, c. 49, s. 12; 1972, c. 1, s. 1. 

13. Every person guilty of an offence under this Act, on °*^®°^ 
conviction , is liable to a fine of not less than $ 1 and not more than 
$100 for the first offence, and not less than $25 and not more than 
$200 for any subsequent offence. R.S.O. 1970, c. 49, s. 13. 



^ 



Sec. 3 (1) BRIDGES Chap. 49 355 

CHAPTER 49 
Bridges Act 

1 . This Act applies to. offi*^"°" 

{a) everv river or stream or part thereof where its bed is 
vested in Her Majesty in right of Ontario; and 

{b) everv place upon a river or stream where Her Majesty 
in right of Ontario, or any board or commission 
constituted under any Act of the Legislature, is a 
riparian owner. R.S.O. 1970, c. 50, s. 1. 

2. — (1) No bridge or other structure shall be built, placed JPPf°/jf^°^f 
or constructed over or across any river or stream or part Governor in 

, ,,,.,/ '^ Council 

thereof, nor shall any bridge or other structure over or across 
any river or stream or part thereof be rebuilt, replaced or 
altered, where the cost of such building, placing, construct- 
ing, rebuilding, replacing or altering will exceed S2.()00, 
except with the approval of the Lieutenant Governor in 
Council. R.S.O. 1970, c. 50, s. 2 (1). 

(2) The Lieutenant Governor in Council may approve of o°"ppro°va1 
the building, placing, constructing, rebuilding, replacing or 
altering of any such bridge or other structure upon receiving, 

{a) a petition praying for such approval ; 

(b) proof that the plan of the proposed bridge or 
alterations and a surveyor's description of the site or 
proposed site have been deposited with the Minister 
of Transportation and Communications and in the 
proper land registrv- office; and 

(c) proof that notice of such application has been pub- 
lished for three successive weeks in The Ontario 
Gazette and in two newspapers having a general 
circulation in the locality where the site or proposed 
site of the bridge is located. R.S.O. 1970, c. 50. 
s. 2 (2); 1972, c. 1, s. 100(2). 

3. — (1) No person shall build, place, construct, operate or ^jjfd'"*^ 
maintain any bridge the cost of which is in excess of $2,000, bridge 
unless such person is. 



356 



R.S.O. 1980, 
c. 95 



Where 
bridge 
operated, 
etc., con- 
trary to 
subs. (1) 



Chap. 49 BRIDGES Sec. 3 (1) (a) 

(a) a person domiciled and ordinarily resident in Ontario ; 
{b) a corporation incorporated under the laws of Canada ; 

(c) a corporation incorporated under the laws of Ontario ; 
or 

(d) a corporation licensed under Part VIII of the Corpora- 
tions Act. 

(2) Where a bridge is built, placed, constructed, operated 
or maintained contrary to subsection (1), such bridge or so 
much thereof as is in Ontario shall, subject to any direc- 
tion of the Lieutenant Governor in Council, be deemed to be 
the property of Her Majesty in right of Ontario. R.S.O. 
1970, c. 50, s. 3. 



Regulations 4^ fhe Lieutenant Governor in Council may make regu- 
lations regarding the building, placing, constructing, rebuild- 
ing, replacing, alteration, operation, maintenance and control 
of bridges and other structures over or across any river, stream 
or part thereof including the exemption of any commission 
constituted under any Act of the Legislature or any rail- 
way company from any of the provisions of this Act. 
R.S.O. 1970, c. 50, s. 4. 



Sec. 3 (1) BRUCELLOSIS Chap. SO 357 

CHAPTER SO 
Brucellosis Act 



1. In this Act, interpre- 

tation 

(a) "brucellosis" means the infectious disease of cattle 
caused by the organism brucella abortus ; 

(b) "calf" means a head of cattle under the age of one 
year; 

(c) "Director" means the Director of the Veterinary 
Services Branch of the Ministry of Agriculture 
and Food ; 

(d) "inspector" means an inspector appointed under this 
Act; 

{e) "Minister" means the Minister of Agriculture and 
Food ; 

(/) "owner" means a person owning or keeping one or 
more head of cattle, and includes a person in charge 
of premises where cattle are kept ; 

ig) "regulations" means the regulations made under 
this Act ; 

(h) "vaccinate" means vaccinate against brucellosis with 
vaccine in accordance with the regulations, and 
"vaccination" has a corresponding meaning; 

[i) "veterinarian" means a veterinarian appointed under 
this Act. R.S.O. 1970, c. 51, s. 1; 1972, c. 1, s. 1. 

2. For the purposes of this Act, the Lieutenant Governor ^^^p®*'*^" 
in Council may appoint a chief inspector and one or more 
inspectors. R.S.O. 1970, c. 51, s. 2. 

3. — (1) For the purposes of this Act, the Minister may^PP^'^t- 
appoint any veterinarian registered under the Veterinarians veterinarians 
Act who makes application for appointment in the form R so. i980, 
prescribed in the regulations. 



358 



Chap. 50 



BRUCELLOSIS 



Sec. 3 (2) 



wfth^'"^'^*^ (2) Where the Minister appoints a veterinarian, he shall 
veterinarians make an agreement with the veterinarian in the form 
prescribed in the regulations. 



veterinar- (3) With the approval of the Director, a veterinarian 

assistants may engage one or more persons to assist him in carrying 

out his duties under this Act, but the veterinarian is 

responsible for all acts of his assistants in carrying out such 

duties. R.S.O. 1970, c. 51, s. 3. 

Ts'^to**'*'^"" 4. No person, other than a veterinarian or an assistant 
vaccination engaged by him, shall vaccinate a head of cattle. R.S.O. 
1970, c. 51, s. 4. 

Age limits 5. No person shall vaccinate or cause to be vaccinated a 

vaccination head of Cattle, exccpt a calf that is within the age limits for 

vaccination prescribed in the regulations. R.S.O. 1970, c. 51, 

s.5. 

Prescribed g, No veterinarian shall use or supply to any person for 

to be used use in any vaccination any vaccine other than a vaccine 
prescribed in the regulations. R.S.O. 1970, c. 51, s. 6. 

Notice of 7 — (1) Every owner of a female calf that is within the 

calf to be ,. \ ' , -^ . . -i i • i i • 

vaccinated age limits for vaccination prescribed in the regulations may 
notify a veterinarian that he has such a calf for vaccina- 
tion. 

Vaccination (2) Where a veterinarian receives a notice under sub- 
notice section (1), he may vaccinate the calf on such terms and con- 
ditions as may be agreed upon between the veterinarian and 
the owner. R.S.O. 1970, c. 51, s. 7. 

Certificate g. Where a veterinarian vaccinates a calf, he shall com- 

01 vaccina- ..... 

tion plete in triplicate a certificate of vaccination in the form 

prescribed in the regulations and forthwith shall deliver or 
send by mail the original copy thereof to the owner and, 
within ten days after the end of the month in which the 
calf was vaccinated, shall deliver or send by mail two copies 
thereof to the Director. R.S.O. 1970, c. 51 , s. 8. 



Right of 

entry 



9. — (1) For the purposes of carrying out his duties under 
this Act, an inspector may at any time between sunrise and 
sunset enter any premises or building other than a dwelling 
house. 



Certificate 
of appoint- 
ment 



(2) The production by an inspector or a veterinarian of a 
certificate of his appointment purporting to be signed by 
the Minister is admissible in evidence as prima facie proof 
of his appointment without further proof of the signature or 
authority of the Minister. R.S.O. 1970, c. 51 , s. 9. 



Sec. 12 (e) BRUCELLOSIS Chap. 50 359 

10. No person shall hinder or obstruct an inspector or a-Obstruction 

. ^ . , f 1 • 1 • /• • 1 1 • • , of inspector 

veterinarian in the course of his duties or furnish him with orveteri- 
false information, or refuse to furnish him with information. "*''^" 
R.S.O. 1970, c. 51. s. 10. 

1 1 . Every person who contravenes any of the provisions offences 
of this Act or the regulations is guilty of an offence and on 
conviction is liable, for a first offence, to a fine of not more than 

$25 and, for a subsequent offence, to a fine of not more than $50 or 
to imprisonment for a term of not more than ten days, or to 
both. R.S.O. 1970, c. 51, s. 11. 

1 2. The Lieutenant Governor in Council may make regu- Regulations 
lations, 

(a) prescribing the vaccine and the method to be used 
in vaccinating a calf ; 

(b) prescribing the age limits for vaccination of a calf; 

(c) providing for a means of identification of a calf 
vaccinated under this Act, prescribing the manner in 
which such means of identification may be used, and 
governing the removal of such means of identifica- 
tion from a head of cattle ; 

(d) prescribing forms and providing for their use ; 

(e) respecting any matter necessary or advisable to carry 
out effectively the intent and purpose of this 
Act. R.S.O. 1970, c. 51, s. 12. 



Sec. 1 (/t) BUILDING CODE Chap. 51 361 

CHAPTER 51 
Building Code Act 



1. — (1) In this Act, Interpre- 

' ' tation 

(a) "architect" means a member or licensee of the 
Ontario Association of Architects under the Archi- R so. i980, 
tects Act; 

(b) "building" means a structure occupying an area greater 
than 100 square feet consisting of a wall, roof and 
floor, or any one or more of them, or a structural system 
serving the function thereof, including all the works, 
fixtures and service systems appurtenant thereto, and 
includes such other structures as are designated in the 
regulations, but does not include a structure used 
directly in the extraction of ore from a mine; 



(c) "building code" means the regulations made under 
section 19; 

{d) "chief official" means the chief building official 
appointed or constituted under section 3 or 4 
and having jurisdiction for the enforcement of 
this Act ; 

{e) "construct" means to do anything in the erection, 
installation or extension or material alteration 
or repair of a building and includes the installa- 
tion of a building unit fabricated or moved from else- 
where, and "construction" hcis a corresponding 
meaning ; 

(/) "demolition" means the doing of anything in the 
removal of a building or any material part thereof ; 

(g) "Director" means the person appointed as Director 
under section 2 ; 

(A) "inspector" means an inspector appointed under sec- 
tion 3 or 4 and having jurisdiction for the enforce- 
ment of this Act; 



362 Chap. 51 building code Sec. 1 (i) 

{i) "Minister" means the Minister of Consumer and 
Commercial Relations ; 

{j) "municipality" means a city, town, village, town- 
ship or improvement district or any other munici- 
pality having the power to make by-laws under 
R.s.o. 1980, section 46 of the Planning Act; 

(k) "professional engineer" means a member or licensee 

of the Association of Professional Engineers of 

R.s.o. 1980, the Province of Ontario under the Professional 

c 394 . 

Engineers Act; 

(/) "regulations" means the regulations made under 
this Act ; 

(w) "unsafe" when used in respect of a building means, 

(i) structurally inadequate or faulty for the 
purposes for which it is used, or 

(ii) in a condition that could be hazardous to persons 
in the normal use of the building. 1974, c. 74, 
s. 1; 1978, c. 40, s. 1. 

Amendment (2) On a day to be named by proclamation of the Lieutenant 

Governor, clause (1) (b) is amended by striking out "100 square 
feet" in the second line and inserting in lieu thereof "ten square 
metres". 1978, c. 87, s. 12. 

Administra- 2. — (1) The Minister is responsible for the administra- 
tion of this Act. 

Building Code (2) There shall be a Director of the Building Code Branch 
Branch who shall be appointed by the Lieutenant Governor in 

Council. 1974, c. 74, s. 2. 

Enforcement 3, — (1) The council of cach municipality is responsible 

municipality for the enforcement of this Act in the municipality. 



buifding (^) ^he council of each municipality shall appoint a 

official and chief building official and such inspectors as are necessary 
for the purposes of the enforcement of this Act in the areas 
in which the municipality has jurisdiction. 



inspectors 



Agreements (3) The councils of two or more municipalities may enter 
enforcement into an agreement, 

{a) providing for the joint enforcement of this Act 
within their respective municipalities ; 

{b) providing for the sharing of costs incurred in the 
enforcement of this Act within their respective 
municipalities ; and 



Sec. 4 (4) BUILDING CODE Chap. 51 363 

(c) providing for the appointment of a chief building 
official and inspectors, 

and, while the agreement is in effect, the municipalities 
have joint jurisdiction in the area comprising the munici- 
palities. 



enforcement 



(4) The council of a county and one or more local muni- ^°f^°^y 
cipalities in the county may enter into an agreement for the 
enforcement by the county of this Act in such local munici- 
palities and for charging such municipalities the whole or 

part of the cost thereof, and while the agreement is in 
effect the county may appoint a chief building official 
and such inspectors as are considered necessary and has 
jurisdiction for the enforcement of this Act in the munici- 
palities that are parties to the agreement. 

(5) The clerk of the municipality or county shall issue certificates 
a certificate of appointment bearing his signature or a appointment 
facsimile thereof to the chief official and each inspector 
appointed by the municipality or county who shall pro- 
duce the certificate upon request in the performance of 

his duties. 

(6) The council of a municipality and the Crown in ^fT^rovfncfai 
right of Ontario represented by the Minister may enter into enforcement 
an agreement providing for the enforcement of this Act in the 
municipality by Ontario subject to such payment in respect 

of the cost thereof as is provided for in the agreement, and, 
while the agreement is in effect, Ontario has jurisdiction for 
the enforcement of this Act in the municipality. 1974, c. 74, 
s. 3. 

4. — (1) Ontario is responsible for the enforcement of this b°ontario°* 
Act in territory without municipal organization. 

(2) Such inspectors as are considered necessary for the A^i^^^^e^t 
enforcement of this Act in the parts of Ontario in which 
Ontario has jurisdiction therefor shall be appointed under 

the Public Service Act. ^^^^ '^*"- 

C. 41» 

(3) The Director shall be deemed to be the chief build- Director, chief 
ing official for the parts of Ontario in which Ontario has o®^*.^ ^°^ 
jurisdiction for the enforcement of this Act. 

(4) The Deputy Minister of Consumer and Commercial certificates 
Relations shall issue a certificate of appointment bearing appointment 
his signature or a facsimile thereof to the Director and each 
inspector appointed under subsection (2) who shall produce 

the certificate upon request in the performance of his 
duties. 



364 



Chap. 51 



BUILDING CODE 



Sec. 4 (S) 



Agreemen^ts (5) The council of a municipality adjacent to territory 
mentby without municipal organization and the Crown in right of 
mun c pa y Qj^^g^j-JQ represented by the Minister may enter into an 
agreement providing for the enforcement of this Act by 
the municipality in such part of the territory without muni- 
cipal organization and subject to such payment in respect of 
the cost thereof as is provided in the agreement and, while 
the agreement is in effect, the municipality has jurisdiction 
for the enforcement of this Act in the area designated in 
the agreement. 1974, c. 74, s. 4. 



Building 
permits 



By-laws and 
regulations 
for building 
permits 



5. — (1) No person shall construct or demolish or cause to 
be constructed or demolished a building in a municipaUty 
unless a permit has been issued therefor by the chief official. 
1978, c. 40, s. 2 (1). 

(2) The council of a municipality may pass by-laws 
and the Lieutenant Governor in Council may make regula- 
tions applicable in the area in which the municipality or 
Ontario, respectively, has jurisdiction for the enforcement 
of this Act, 

{a) prescribing classes of permits for the purposes of 
subsection (1), including permits in respect of any 
stage of construction or demolition; 

(b) providing for applications for permits and requiring 
the applications to be accompanied by such plans, 
specifications, documents and other information 
as is prescribed ; 

(c) requiring the payment of fees on applications for 
and issuance of permits and prescribing the amounts 
thereof ; 



{d) providing for the refunding of fees under such 
circumstances as are prescribed; 

(e) prescribing the time within which notices required 
by the regulations must be given to the chief 
official or an inspector ; 

(/) prescribing forms respecting permits and applica- 
tions for permits and providing for their use; 



(g) requiring that a set of plans of buildings as con- 
structed be filed with the chief official on completion 
of the construction of buildings of such class or 
classes as prescribed by the regulations. 1974, c. 74, 
s. 5 (2); 1978, c. 40, s. 2 (2). 



Sec. 6 (5) BUILDING CODE Chap. 51 365 

6. — (1) The chief official shall issue a permit except issue of 
where, 

(a) the proposed building or the proposed construction 
or demolition will not comply with this Act or the 
building code or will contravene any other applicable 
law ; ^^ 

0) the applicant is a builder as defined in the Ontario R so. iqso, 
l^ew Rome Warranties Plan Act and is not registered '^ 
under that Act; or 

(c) the application therefor is incomplete or any fees 
due are unpaid. 1974, c. 74, s. 6 (1); 1978, c. 40, 
s. 3 (1). 

(2) Drawings, plans and specifications accompanying appli- o/ plans"" 
cations for permits shall be made available to the Association 

of Professional Engineers of the Province of Ontario and the 
Ontario Association of Architects upon request for the 
purpose of determining whether the Professional Engineers R s.o. i98o, 
Act or the Architects Act is being contravened. 1974, c. 74, 
s. 6 (2). 

(3) No person shall make a material change or cause a Notice of 
material change to be made to a plan, specification, docu- 
ment or other information on the basis of which a permit was 
issued without notifying the chief official and filing details 

of such change with him for the purpose of obtaining his 
authorization. 1978, c. 40, s. 3 (2). 

(4) Subject to section 15, the chief official may revoke Re^o^^^i^on 
a permit, 

(a) where it was issued on mistaken or false information ; 

(b) where, after six months after its issuance, the 
construction or demolition in respect of which it 
was issued has not, in the opinion of the chief 
official, been seriously commenced; or 

(c) where the construction or demolition of the build- 
ing is, in the opinion of the chief official, sub- 
stantially suspended or discontinued for a period 
of more than one year. 1974, c. 74, s. 6 (4). 

(5) No person shall construct or cause to be constructed ^o^g^^^^, 
a building in a municipality except in accordance with thetion 
plans, specifications, documents and any other information accordance 
on the basis of which a permit was issued or any changes *^ P^rmi 
thereto authorized by the chief official. 1978, c. 40, s. 3 (3). 



366 



Chap. 51 



BUILDING CODE 



Sec. 7 



(Conditions 7^ Except as authorized by the regulations, no person 

occupation shall occupy or use or permit to be occupied or used any 

building or part thereof newly erected or installed, 

(a) until notice of the date of completion of the building 
or part thereof is given to the chief official ; 

(b) until, 

(i) an inspection is made pursuant to such notice, 
or 

(ii) ten days have elapsed after the service of the 
notice or after the date of completion, which- 
ever occurs last ; and 

(c) until any order made by an inspector under section 8 
is complied with. 1978, c. 40, s. 4. 

Inspection 8. — (1) Subject to section 11, an inspector may, for 

the purpose of inspecting a building or site in respect of 
which a permit is issued or an application for a permit 
is made, enter in or upon any land or premises at any time 
without a warrant. 



Order by 
inspector 



Idem 



(2) Where an inspector finds that any provision of 
this Act or the building code is being contravened, he may 
give to the person whom he believes to be the contravener 
an order in writing directing compliance with such pro- 
vision and may require the order to be carried out forth- 
with or within such time as he specifies. 

(3) Where an inspector gives an order under this section, 
the order shall contain sufficient information to specify 
the nature of the contravention and its location. 



Affixing 
copy of order 



(4) Where an inspector gives an order under this section, 
he may affix a copy thereof to the site of the construction 
or demolition, and no person, except an inspector or the chief 
official, shall remove such copy unless authorized by the 
inspector or the chief official. 



order^°'^^ (5) Where an order of an inspector made under this section 

is not complied with within the tirne specified therein, or 
where no time is specified, within a reasonable time in the 
circumstances, the chief official may order that all or any 
part of the construction or demolition respecting the build- 
ing cease and such order shall be served on such persons 
affected thereby as the chief official specifies and a copy 
thereof shall be posted on the site of the construction or 
demolition and no person except an inspector or the chief 



Sec. 10 (3) BUILDING CODE Chap. 51 367 

official shall remove such copy unless authorized by an 
inspector or the chief official. 

(6) Where an order to cease construction or demolition is^**®™ 
made under subsection (5), no person shall perform any act in 
the construction or demolition of the building in respect of 
which the order is made other than such work as is necessary 
to carry out the order of the inspector made under sub- 
section (2). 1974, c. 74, s. 8. 

9. — (1) An inspector or chief official may issue an order order not 

to cover 

prohibitmg the covering or enclosing of any part of a building 
pending inspection and where such an order is issued, an 
inspection shall be made within a reasonable time after notice 
is given by the person to whom the order is issued that he 
is ready for the insjjection. 

(2) Where a chief official has reason to believe that anv°^®^'° 

^ ' -^ uncover 

part of a building has not been constructed in compliance 
with this Act and such part has been covered or enclosed, 
contrary to an order made by an insjjector or chief official 
under subsection (1), he may order any person responsible 
for the construction to uncover the part at his own expense 
for the purpose of an inspection. 

(3) Subsections 8 (4), (5) and (6) apply to an order made under ^jPp"^" 
this section. 8.8(4-6) 

(4) Section 17 does not applv to a notice mentioned in^ '"''<^ 

1 . /.v «„-„ .« _' not applv 

subsection (1). 1978, c. 40, s. 5. 

10. — (1) Subject to section 11, an inspector mav enter foyers of 

, , . . . ' inspectors 

m or upon any land or premises at any time without a respecting 
warrant for the purpose of inspecting any building to buildings 
determine whether such building is unsafe. 

(2) Where an inspector finds that a building is unsafe, Pg^®^^ 
he may serve upon the assessed owner and each person uiisafe 

1 • f ., » •. ,• ■, • ■ ■ building 

apparently in possession of the building an order m writing 
setting out the reasons why the building is unsafe and the 
remedial steps that the inspector requires to be taken to 
render the building safe and may require the order to be 
carried out within such time as the inspector specifies in 
the order. 

(3) Where an order of an inspector under subsection (2) ^°^ncy^ 
is not complied with within the time specified therein, or 9^^?*^^ 
where no time is specified, within a reasonable time in the 
circumstances, the chief official may by order prohibit the 

use or occupancy of the building and such order shall be 
served on the assessed owner and each person apparently 
in possession and such other persons affected thereby as 



368 



Chap. 51 



BUILDING CODE 



Sec. 10 (3) 



Repairs 
at expense 
of owner 



the chief official specifies and a copy thereof shall be posted 
on the building, and no person except an inspector or the 
chief official shall remove such copy unless authorized by an 
inspector or the chief official. 1974, c. 74, s. 9 (1-3). 

(4) Where the chief official has made an order under 
subsection (2) and considers it necessary for the safety of the 
public, he may cause the building to be renovated, repaired 
or demolished for the purpose of removing the unsafe 
condition or take such other action as he considers necessary 
for the protection of the public and, where the building is in a 
municipality, the cost of the renovation, repair, demolition 
or other action may be added by the clerk to the collector's 
roll and collected in Uke manner as municipal taxes. 1978, 
c. 40, s. 6. 



Powers of 
inspector 



1 1. — (1) For the purposes of an inspection under section 8 
or 10, the inspector may, 

(a) require the production of the drawings and specifica- 
tions of a building or any part thereof, including 
any drawings prescribed by the regulations, for 
his inspection and may require information from any 
person concerning any matter related to a building 
or part thereof ; 

{b) be accompanied by any person who has Special 
or expert knowledge of any matter in relation 
to a building or part thereof; 

(c) alone or in conjunction with such other person or 
persons possessing special or expert knowledge, 
make such examinations, tests, inquiries, or, sub- 
ject to subsections (2) and (3), take such samples or 
photographs as are necessary for the purposes of the 
inspection ; 

{d) order any person responsible for the construction 
to take and supply at his own expense such tests 
and samples as are specified in the order. 



Samples (2) Where an inspector takes a sample under clause (1) (c), the 

inspector shall divide the sample into two parts and deliver one 
part to the person from whom the sample is taken, if the person so 
requests at the time the sample is taken and provides the necessary 
facilities. 



Idem 



(3) Where an inspector takes a sample under clause (1) (c) and 
has not divided the sample into two parts, a copy of any report on 
the sample shall be given to the person from whom the sample was 
taken. 



Sec. 14 (4) BUILDING CODE Chap. 51 369 

(4) An inspector shall not enter any room or place fweifings 
actually being used as a dwelling without the consent of 
the occupier except under the authority of a search warrant 
issued under the Provincial Offences Act. 1974, c. 74, s. 10. R so. i980, 

•" ' ' C. 400 

12. — (1) The chief official may review and amend or Rfview by 

^ ' ■' chief ofHcial 

rescind an order made by an inspector under this Act. 

(2) A chief official may exercise any of the powers orm^lacf^*^ 
perform any of the duties of an inspector under this Act. iii^pector 
1974, c. 74. s. 11. 

13. — (1) The Building Code Commission is continued and Building Code 
shall be composed of such number of members as is determined by continued 
the Lieutenant Governor in Council. 

(2) The Lieutenant Governor in Council shall appoint the Appointment 

1 ^^ ofmembers 

members to the Commission, none of whom shall be persons 
in the public service of Ontario or of a municipality, and 
may designate one of the members as chairman and one 
or more of the members as vice-chairmen. 

(3) The members of the Commission shall receive such Remunera- 

• IT- ^ *^°° 

remuneration and expenses as the Lieutenant Governor 

in Council may determine. 

(4) Three members of the Commission constitute a quorum. Quorum 
1974, c. 74, s. 12. 

14. — (1) Where there is a dispute between an applicant for comm^ion 
or holder of a permit or a person to whom an order is given 
and the chief official or an inspector in respect of the interpre- 
tation of the technical requirements of the building code 
or the sufficiency of compliance with such technical require- 
ments, any party to the dispute may apply to the Building 
Code Commission for a hearing and determination of the 
question. 1978, c. 40, s. 7. 

(2) Where an application is made to the Building Code commission 
Commission under subsection (1), the Commission shall appoint 

a time and place for the hearing and notice thereof shall 
be served upon the other parties to the dispute and the 
Commission shall hold the hearing and may, by order, 
determine the dispute and for such purposes may sub- 
stitute its opinion for that of the inspector or chief official. 

(3) The decision of the Building Code Commission under ^^^1^^°^ 
this section is final. 

Menibers 

(4) Members of the Building Code Commission holding a hearing 
hearing shall not have taken part prior to the hearing in taken pan in 

investiga- 
tion, etc. 



370 



Chap. 51 



BUILDING CODE 



Sec. 14 (4) 



Evidence 



R.S.O. 1980, 
c. 484 



any investigation or consideration of the subject-matter 
of the hearing and shall not communicate directly or in- 
directly in relation to the subject-matter of the hearing 
with any person or with any party or his representative 
except upon notice to and opportunity for all parties to 
participate, but such members may seek legal or technical 
advice from an adviser independent from the parties and in 
such case the nature of the advice should be made known 
to the parties in order that they may make submissions. 

(5) The findings of fact of the Commission pursuant to a 
hearing shall be based exclusively on evidence admissible 
or matters that may be noticed under sections 15 and 16 of 
the Statutory Powers Procedure Act. 



Only 
members 
at hearing 
to participate 



(6) Members of the Commission shall not participate in a 
decision of the Commission pursuant to a hearing unless 
indecisions they were present throughout the hearing and heard the 
evidence and argument of the parties and, except with the 
consent of the parties, no decision of the Commission shall 
be given unless all mernbers so present participate in the 
decision. 

documentary (''') Documents and things put in evidence at the hearing 

evidence shall, upon the request of the person who produced them, 

be released to him by the Commission within a reasonable 

time after the matter in issue has been finally determined. 

1974, c. 74, s. 13 (2-7). 

Hearings by 15, — (1) Any person who considers himself aggrieved by 

county court ^ ^ ' . -^ ^ . . . . . . ^'^ . .. 

judge an order given or decision made by an inspector or chief 

official under this Act or the regulations may, within twenty 
days after the order or decision is made, apply to the judge 
of the county or district court for a hearing and appeal. 

a^^^Hcation (^) Where an application is made under this section in 
on proceeding respect of a matter in which a question is pending before 
Commission the Building Code Commission, the proceeding before the 
Commission is terminated. 

judge^on^ (3) Where an application is made to a judge for a hearing 

hearing under subsection (1), the judge shall appoint a time for and 

hold the hearing and may rescind or affirm the order or 
decision of the inspector or chief official or take such action 
as the judge considers the inspector or chief official ought 
to take in accordance with this Act and the regulations, 
and for such purposes the judge may substitute his opinion 
for that of the inspector or chief official. 

commissio^n ('^) ^ j^^ge may refer a question respecting the interpre- 
tation of the technical requirements of the building code or 
the sufficiency of compliance with such technical require- 
ments to the Building Code Commission for a hearing and 



Sec. 18 (1) BUILDING CODE Chap. 51 371 

report to the judge and the procedure on the reference 
shall be the same as on an application under section 14. 

(5) A judge to whom application is made for a hearing ^|foi.°°°^ 
under subsection (1) may extend the time for making the hearing 
application either before or after expiration of the time 

fixed therein, where he is satisfied that there are prima 
facie grounds for granting relief to the applicant pursuant 
to a hearing and that there are reasonable grounds for applying 
for the extension and may give such directions as he con- 
siders proper consequent upon the extension. 

(6) The judge may, upon application therefor which may ^^^^^^ 
be made ex parte, order that the order or decision appealed 
from be not stayed pending the outcome of the appeal but 
shall take effect immediately where, in his opinion, such 
action is necessary in the interest of public safety and 
would not destroy the subject-matter of the appeal. 1974, 

c. 74, s. 14. 

16. — (1) Any party to the hearing before the county or Appeal to 
district court judge under section 15 may appeal from the coun''" 
decision of the judge to the Divisional Court in accordance with 
the rules of court. 

(2) The Minister is entitled to be heard, by counsel or Minister 

^ ' . 'J entitled to 

otherwise, upon the argument of an appeal under this section, be heard 

(3) An appeal under this section may be made on ^^y^^^^^^ 
question that is not a question of fact alone and the court appeal 
may confirm or alter the decision of the judge or direct 

the inspector or chief official to do any act he is authorized 
to do under this Act or may refer the matter back to the 
judge for reconsideration by the judge as the court con- 
siders proper and the court may substitute its opinion for 
that of the inspector or chief official or the judge. 1974, 
c. 74, s. 15. 

1 7. Except where otherwise provided, any notice re- service 

J,,.. , , , , „ ofnotlce 

quired by this Act to be served may be served personally 
or by registered mail addressed to the person to whom 
notice is to be given or his agent for service at his latest 
known address and, where notice is served by registered 
mail, the service shall be deemed to have been made on 
the third day after the day of mailing unless the person 
to whom notice is given or his agent for service establishes 
that he did not, acting in good faith, through absence, 
accident, illness or other cause beyond his control receive 
the notice until a later date. 1974, c. 74, s. 16. 

18. — (1) The Building Materials Evaluation Commission ^"''^'^"k^ 
is continued and shall be composed of such number of members as Evaluation 
is determined by the Lieutenant Governor in Council. fominu«l°" 



372 



Chap. 51 



BUILDING CODE 



Sec. 18 (2) 



of'members^* (2) The Lieutenant Governor in Council shall appoint 
the members to the Commission and may designate one of 
the members as chairman and one of the members as vice- 
chairman. 



Remunera- 
tion 



Powers and 
duties 



Regulations 



(3) The members of the Commission shall receive such 
remuneration and expenses as the Lieutenant Governor in 
Council may determine. 

(4) The Building Materials Evaluation Commission may, 

{a) examine and research or cause examination and 
research into materials, techniques and building 
design for construction; 

(b) upon application therefor, authorize the use of any 
innovative material, technique or building design 
in respect of any specified building or part thereof 
and the use of such material, technique or design 
within the authority given and the terms and 
conditions specified therein shall be deemed not to 
be in contravention of the building code; and 

(c) make recommendations to the Minister respecting 
changes in this Act or the regulations. 1974, c. 74, 
s. 17. 

19. — (1) The Lieutenant Governor in Council may make 
such regulations as are considered advisable or necessary 
for the purpose of establishing a building code for Ontario 
governing standards for the construction and demolition of 
buildings, including but without limiting the generality 
of the foregoing, 

{a) governing the manner of construction and types 
and quality of materials used therein; 

{b) governing the design of buildings and the use to 
which they may be put; 

(c) adopting by reference, in whole or in part, with 
such changes as the Lieutenant Governor in Council 
considers necessary, any code or standard and 
requiring compliance with any code or standard 
that is so adopted ; 

{d) requiring any part of the design, construction or 
demolition of a building to be under the field review 
of an architect or professional engineer ; 

{e) designating structures for the purposes of clause 1 (b); 

(f) prescribing classes of buildings for the purposes of 
clause 5 (2) (g); 



Sec. 20 (1) BUILDING CODE Chap. 51 373 

{g) designating organizations to test prefabricated build- 
ing units to the standards prescribed by the 
building code and providing for the placing of the 
label of such organization on such units that con- 
form to the standards; 

{h) requiring the approval of an inspector in respect 
of any method, matter or thing; 

(t) requiring the posting on buildings or sites of 
construction or demolition of such documents or 
information as is prescribed; 

(j) requiring such documents, information, records, 
drawings or specifications as are prescribed to 
be kept on the site of construction or demolition; 

(k) requiring notice to be given to the chief official 
or an inspector respecting any matter in the course 
of construction or demolition; 

(/) requiring notice to be given to the chief official 
resjjecting thie change in prescribed classes of 
use made of a building ; 

(w) requiring chief officials to transmit to the Director 
such returns and reports as are prescribed; 

(n) prescribing conditions under which a building or 
any part of a building may be occupied; 

(o) exempting any building or class thereof from 
compliance with this Act and the regulations or 
any provision thereof; 

iP) requiring the payment of fees in respect of appli- 
cations to the Building Materials Evaluation Com- 
mission and prescribing the amounts thereof; 

{q) prescribing procedures of the Building Code Com- 
mission and the Building Materials Evaluation 
Commission ; 

(r) prescribing forms and providing for their use. 1974, 
c. 74, s. 18 (1); 1978, c. 40. s. 8. 

(2) Any regulation made inder this section may be Limitetionof 
limited in its application territorially or to any class of 
building, construction or demohtion. 1974, c. 74, s. 18 (2). 

20. — (1) Where it appears to the Minister that there is or inquiries 
may be a failure in construction or demoUtion standards 



374 



Chap. 51 



BUILDING CODE 



Sec. 20 (1) 



or in the enforcement of this Act or the building code, 
the Minister may designate a person to conduct an inquiry 
into such failure. 



Powers on 
inquiry 



R.S.O. 1980, 
c. 411 



(2) For the purposes of an inquiry under subsection (1), 
the person conducting the inquiry has the powers of a 
commission under Part II of the Public Inquiries Act, which Part 
applies to such investigation as if it were an inquiry under that 

Act. 1974, c. 74, s. 19. 



Immunity 
from actions 



Idem 



21. — (1) No action or other proceeding for damages lies 
or shall be instituted against the Director or any member 
of the Building Code Commission or Building Materials 
Evaluation Commission or anyone acting under the authority 
of the Director, Building Code Commission or Building 
Materials Evaluation Commission or any person conducting 
an inquiry under section 20 for any act done in good 
faith in the execution or intended execution of his duty 
or for any alleged neglect or default in the execution in 
good faith of his duty. 

(2) No action or other proceedings for damages lies or 
shall be instituted against an inspector or chi^ official 
for an act or omission by him in good faith in the execution 
or intended execution of any power or duty under this Act 
or the regulations. 



Liability of (3) Subsections (1) and (2) do not relieve the Crown or a 
municipality municipal Corporation of liability in respect of a tort 
committed by an inspector or a chief official to which 
either would otherwise be subject and the Crown or 
municipal corporation is liable for any such tort as if 
subsections (1) and (2) were not enacted. 1974, c. 74, s. 20. 

Obstruction 22. — (1) No person shall hinder, obstruct, molest or 
inspector interfere with or attempt to hinder, obstruct, molest or 
interfere with a chief official or inspector in the exercise of a 
power or the performance of a duty under this Act. 

Assistance of (2) Evcrv pcrson shall furnish all necessary means in 

inspector ^^ ' ^^ r -tx ^ j. ■ i.- • i- 

his power to facilitate any entry, inspection, examination, 
testing or inquiry by an inspector or chief official in the 
exercise of his powers or duties under this Act. 

Rejusauo (3) No person shall neglect or refuse to produce any 

drawings and specifications as required by an inspector 
under clauses 11 (1) (a) and (c). 



False (4) No person shall furnish an inspector or chief official 

etc. with false information or neglect or refuse to furnish 



Sec. 24(1) (6) BUILDING CODE Chap. 51 375 

information required by an inspector or chief official in the 
exercise of his duties under this Act. 1974, c. 74, s. 21. 

23. — (1) A chief official, inspector, person who, at the confiKia? 
request of an inspector, accompanies an inspector, or person 
who, at the request of an inspector, makes an examination, 
test or inquiry or takes samples shall not publish, disclose or 
communicate to any person any information, material, 
statement or result of any test, acquired, furnished, obtained, 
made or received under the powers conferred under this 
Act and the regulations except for the purposes of carrying 
out his duties under this Act or the regulations. 

(2) No report of a chief official, inspector, person who, ^*®™ 
at the request of an inspector, accompanies an inspector, or 
person who, at the request of an inspector, makes an 
examination, test or inquiry or takes samples shall be com- 
municated, disclosed or published to any person except 

for the purposes of carrying out his duties under this Act 
or the regulations. 

(3) No chief official, inspector, f)erson who, at the request ^^j^'^^jjjj. .^^ 
of an inspector, accompanies an inspector or person who civu suit 
makes an examination, test or inquiry or takes samples at the 
request of an inspector is a compellable witness in a civil 

suit or proceeding respecting any information, material, 
statement or test acquired, furnished, obtained, made or 
received under the powers conferred under this Act. 

(4) The Director may communicate or allow to be com- ofr^ctor to 
municated, disclosed or published information, material disclose 
or statements or the result of a test acquired, furnished, 
obtained, made or received under the powers conferred by 

this Act and the regulations. 

(5) No person to whom information is communicated confidential 
under this section or section 11 or 20 shall divulge the name 

of the informant to any person except for the purposes of 
this Act. 1974, c. 74, s. 22. 



24. — (1) Ever\' person who, 

(a) knowingly furnishes false information in any appli- 
cation under this Act or in any statement or 
return required to be furnished under this Act or 
the regulations; 

(6) fails to comply with any order, direction or other 
requirement made under this Act; or 



Offences 



376 



Chap. 51 



BUILDING CODE 



Sec. 24 (1) (c) 



(c) contravenes any provision of this Act or the regula- 
tions or of any by-law passed under the authority 
of this Act, 

and every director or officer of a corporation who knowingly 
concurs in such furnishing, failure or contravention is guilty 
of an offence and on conviction is liable to a fine of not more than 
$2 ,000 or to imprisonment for a term of not more than one year, or 
to both. 1974, c. 74, s. 23 (1); 1978, c. 40, s. 9 (1). 

Corporations (2) Where a corporation is convicted of an offence under 
subsection (1), the maximum penalty that may be imposed 
upon the corporation is $10,000 and not as provided therein. 



Continuing 
offence 



(3) Every person who fails to comply with an order made 
by a chief official under subsection 8 (5) or 10 (3) is guilty of an 
offence and on conviction, in addition to the penalties mentioned 
in subsections (1) and (2), is liable to a fine of not more than $100 
per day for every day upon which the offence continued after such 
order was given. 1974, c. 74, s. 23 (2, 3). 



Limitation 
period 



(4) No proceeding under this section shall be commenced 
more than one year after the time when the subject-matter 
of the proceeding arose. 



Fines 
paid to 
munici- 
pality 

R.S.O. 1980, 
cc. 6, 162 



(5) Where a fine is imposed under this section, the pro- 
ceeds of the fine shall be paid to the treasurer of the munici- 
pality within which the offence giving rise to the fine was 
committed, and section 4 of the Administration of Justice 
Act and section 4 of the Fines and Forfeitures Act do not 
apply in respect of any such fine. 1978, c. 40, s. 9 (2). 



Proof of 
orfler 



Proof of 
matters of 
record 



25. — (1) In any prosecution for an offence under this Act, 
a copy of a direction or order purporting to have been 
made under this Act or the regulations and purporting to 
have been signed by the person authorized by this Act to 
make the direction or order is prima facie proof of the 
direction or order without proof of the signature or authority 
of the person by whom it purports to be signed. 

(2) A statement as to any matter of record in an office 
of the chief official purporting to, be certified by the 
chief official is, without proof of the office or signature 
of the chief official, receivable in evidence as prima facie 
proof of the facts stated therein for all purposes in any 
action, proceeding or prosecution. 1974, c. 74, s. 24. 



Restraining 
order 



26. — (1) Where it appears to a chief official that any 
person does not comply with any provision of this Act, the 



Sec. 27 BUILDING CODE Chap. 51 377 

regulations or an order made under this Act, notwithstanding 
the imposition of any penalty in respect of such non- 
compliance and in addition to any other rights he may have, 
the chief official may apply to a judge of the High Court 
for an order directing such person to comply with such 
provision, and upon the application, the judge may make 
such order or such other order as the judge thinks fit. 

(2) An appeal lies to the Divisional Court from an order made Appeal 
under subsection (1). 1974, c. 74, s. 25. 

27. Section 46 of the Planning Act is subject to this Act Municipal 
and the building code made under section 1 9 of this Act supe^rseded 
supersedes all municipal by-laws respecting the construction "Rso. i980, 
or demolition of buildings as defined in section 1. 1974, c. 74, ^' ^^^ 
s. 26. 



Sec. 1 (h) (i) BULK SALES Chap. 52 379 



CHAPTER 52 
Bulk Sales Act 



1. In this Act, Interpre- 

tation 

{a) "buyer" means a person who acquires stock in bulk; 

(b) "court" means the county or district court of the 
county or district in which the seller's stock or a 
substantial part thereof is located or the seller's busi- 
ness or trade or a substantial part thereof is carried 
on at the time of the sale in bulk ; 

(c) "creditor" means any creditor, including an un- 
secured trade creditor and a secured trade creditor; 

(d) "judge" means a judge of the court ; 

{e) "proceeds of the sale" includes the purchase price 
and any security therefor or for any part thereof, 
and any other consideration payable to the seller 
or passing from the buyer to the seller on a sale 
in bulk, and the moneys realized by a trustee 
under a security or by the sale or other disposition 
of any property coming into his hands as the con- 
sideration or part of the consideration for the sale, 
less the proper and reasonable costs of the seller's 
solicitor for completing the sale ; 

(/) "sale", whether used alone or in the expression 
"sale in bulk", includes a transfer, conveyance, barter 
or exchange, but does not include a pledge, charge or 
mortgage ; 

ig) "sale in bulk" means a sale of stock in bulk out 
of the usual course of business or trade of the 
seller ; 

(h) "secured trade creditor" means a person to whom 
a seller is indebted, whether or not the debt is 
due, 

(i) for stock, money or sersMces furnished for 
the purpose of enabling the seller to carry on 
business, or 



380 Chap. 52 bulk sales Sec. 1 (h) (ii) 

(ii) for rental of premises in or from which the 
seller carries on business, 

and who holds security or is entitled to a prefer- 
ence in respect of his claim ; 

(i) "seller" means a person who sells stock in bulk; 

(;") "stock" means, 

(i) goods, wares, merchandise or chattels ordin- 
arily the subject of trade and commerce, 

(ii) the goods, wares, merchandise or chattels in 
which a person trades or that he produces or 
that are the output of a business, or 

(iii) the fixtures, goods and chattels with which a 
person carries on a trade or business ; 

{k) "stock in bulk" means stock or part thereof that is 
the subject of a sale in bulk and all other property, 
real or personal, that together with stock is the 
subject of a sale in bulk ; 

(/) "unsecured trade creditor" means a person to whom 
a seller is indebted for stock, money or services 
furnished for the purpose of enabling the seller to 
carry on a business, whether or not the debt is due, 
and who holds no security or who is entitled to no 
preference in respect of his claim. R.S.O. 1970, 
c. 52,s. 1. 

oflct^^^^^ 2. This Act applies to every sale in bulk except a sale in 
bulk by an executor, an administrator, a committee of the 
estate of a mentally incompetent or incapable person, the 

R.sx). 1980, Public Trustee as committee under the Mental Health Act 
or an order made under that Act, a creditor realizing upon 
his security, a receiver, an assignee or trustee for the benefit 

R.s.c. 1970, of creditors, a trustee under the Bankruptcy Act (Canada), 
a hquidator or official receiver, or a public official acting 
under judicial process. R.S.O. 1970, c. 52, s. 2. 



B-3 



exemption ^' — (^) ^ seller may apply to a judge for an order exemp- 

ing a sale in bulk from the application of this Act, and 
the judge, if he is satisfied, on the affidavit of the seller and 
any other evidence, that the sale is advantageous to the 
seller and will not impair his ability to pay his creditors in 
full, may make the order, and thereafter this Act, except 
section 7, does not apply to the sale. 



Sec. 7 BULK SALES Chap. 52 381 

(2) The judge may require notice of the apphcation for ^^r^^and 
the order to be given to the creditors of the seller or such directions 
of them as he directs, and he may in the order impose 
such terms and give such directions with respect to the dis- 
position of the proceeds of the sale or otherwise as he con- 
siders appropriate. R.S.O. 1970, c. 52, s. 3. 

4.^(1) The buyer, before paying or delivering to the seller statement 
any part of the proceeds of the sale, other than the part creditors 
mentioned in section 6, shall demand of and receive from the 
seller, and the seller shall deliver to the buyer, a statement 
verified by the affidavit of the seller in Form 1 . 

(2) The statement shall show the names and addresses of contents of 

^ ' statement 

the unsecured trade creditors and the secured trade creditors 
of the seller and the amount of the indebtedness or liability 
due, owing, payable, or accruing due, or to become due and 
payable, by the seller to each of them, and, with respect to 
the claims of the secured trade creditors, the nature of their 
security and whether their claims are due or, in the event of 
sale, become due on the date fixed for the completion of the 
sale. R.S.O. 1970, c. 52, s. 4. 

5. From and after the delivery of the statement men- No 

,. .. , -^ ...,.,, preference 

tioned in section 4, no preference or priority is obtainable or priority 
by any creditor of the seller in respect of the stock in bulk, or 
the proceeds of the sale thereof, by attachment, garnishment 
proceedings, contract or otherwise. R.S.O. 1970, c. 52, s. 5. 

6. The buyer may, before he receives the statement men- ^^rt 

, ■ ■ A 1 ,1 r 1 payment 

tioned m section 4, pay to the seller on account of the 
purchase price a sum not exceeding 10 per cent of the pur- 
chase price which shall form part of the proceeds of sale and 
which the seller shall hold in trust, 

(a) for the buyer until completion of the sale, or, if the 
sale is not completed and the buyer becomes entitled 
to repayment of it, until it is repaid to the buyer; or 

(b) where the sale is completed and a trustee has been 
appointed, for the trustee until the seller complies 
with clause 10 (b). R.S.O. 1970, c. 52, s. 6. 

7. Any creditor of a seller is entitled to demand of the Particulars 
seller or the buyer, in which case the seller or the buyer, as 

the case may be, shall forthwith deliver to the creditor, 
particulars in writing of the sale in bulk. R.S.O. 1970, c. 52, 
s. 7. 



382 Chap. 52 bulk sales Sec. 8 (1) 

comj)^etion g^ — (1) Where the buyer has received the statement men- 
tioned in section 4, he may pay or deliver the proceeds of 
the sale to the seller and thereupon acquire the property of 
the seller in the stock in bulk, 

{a) if the statement mentioned in section 4 discloses 
that the claims of the unsecured trade creditors of 
the seller do not exceed a total of $2,500 and that 
the claims of the secured trade creditors of the seller 
do not exceed a total of $2,500 and the buyer has 
no notice that the claims of the unsecured trade 
creditors of the seller exceed a total of $2,500 and 
that the claims of the secured trade creditors of the 
seller exceed a total of $2,500 ; or 

(b) if the seller delivers a statement verified by his 
affidavit showing that the claims of all unsecured 
trade creditors and all secured trade creditors of the 
seller of which the buyer has notice have been paid 
in full ; or 

(c) if adequate provision has been made for the im- 
mediate payment in full of all claims of the un- 
secured trade creditors of the seller of which the 
buyer has notice and of all claims of secured trade 
creditors of the seller that are or become due and 
payable upon completion of the sale of which the 
buyer has notice, so long as their claims are paid in 
full forthwith after completion of the sale, but where 
any such creditor has delivered a waiver in Form 2 
no provision need be made for the immediate pay- 
ment of his claim. 

^^^^ (2) Where the buyer has received the statement mentioned 

in section 4, he may pay or deliver the proceeds of the sale 
to the trustee and thereupon acquire the property of the 
seller in the stock in bulk, if the seller delivers to the buyer, 

{a) the consent to the sale in Form 3 of unsecured 
trade creditors of the seller representing not less than 
60 per cent in number and amount of the claims that 
exceed $50 of all the unsecured trade creditQrs of the 
seller of whose claims the buyer has notice ; and 

{b) an affidavit of the seller deposing that he delivered 
or caused to be delivered to all of his unsecured 
trade creditors and secured trade creditors person- 
ally or by registered mail addressed to them at their 
last known addresses at least fourteen days before 
the date fixed for the completion of the sale copies 



Sec. 10 (a) BULK SALES Chap. 52 383 

of the contract of the sale in bulk, the statement men- 
tioned in subsection 4(1), and the statement of affairs in 
Form 4, and deposing that the affairs of the seller as 
disclosed in the statement of affairs have not materially 
changed since it was made. 

(3) Duplicate originals of the documents mentioned in clause (2) ^°be™^°*^ 
(b) shall be attached as exhibits to the affidavit mentioned there- exhibited 
in. R.S.O. 1970, c. 52, s. 8. 

9. — (1) Where a sale in bulk is being completed under subsec- Appointment 
tion 8 (2), a trustee shall be appointed, 

(a) by the seller with the consent in Form 3 of his un- 
secured trade creditors representing not less than 60 
per cent in number and amount of the claims that ex- 
ceed $50 of the unsecured trade creditors as shown 
by the statement mentioned in section 4 ; or 

{b) by a judge upon the application of any person 
interested where the unsecured trade creditors of the 
seller representing not less than 60 per cent in num- 
ber and amount of the claims that exceed $50 as 
shown by the statement mentioned in section 4 have 
consented to the sale in bulk but have not consented 
to the appointment of a trustee, or where the 
trustee appointed under clause (a) is unable or unwilling 
to act. 



(2) Every trustee shall forthwith give security in cash or security 
by bond of a guarantee company satisfactory to a judge for 
the due accounting for all property received by him as trustee 
and for the due and faithful performance of his duties, and 
the security shall be deposited with the clerk of the court 
and shall be given in favour of the creditors generally and 
may be enforced by any succeeding trustee or by any one 
of the creditors on behalf of all by direction of the judge 
and the amount of the security may be increased or de- 
creased by the judge at any time. R.S.O. 1970, c. 52, s. 9. 

10. Where a sale in bulk is completed under subsection 8 (2), when 

'^ ^ " proceeds 

of sale to 
be paid 

{a) the seller shall deliver to the trustee a statement trustee 
verified by the affidavit of the seller showing the 
names and addresses of all creditors of the seller and 
the amount of the indebtedness or liability due, 
owing, payable or accruing due, or to become due 
and payable by the seller to each of them; and 



384 Chap. 52 BULK SALES Sec. 10 (b) 

(b) the seller shall pay to the trustee all moneys 
received by him from the buyer on account of the 
purchase price under section 6 ; and 

(c) the buyer shall pay or deliver the balance of the 
proceeds of the sale to the trustee. R.S.O. 1970, 
c. 52,s. 10. 

com°?etion ^^* — ^^^ Within five days after the completion of a sale 

of sale in bulk, the buyer shall file in the office of the clerk of the 

court an affidavit setting out the particulars of the sale, in- 
cluding the subject-matter thereof and the name and address 
of the trustee, if any, and exhibiting duplicate originals of 
the statement mentioned in section 4, the statement, if any, 
mentioned in clause 8 (1) (b), the waivers, if any, mentioned in 
clause 8 (1) (c) and the consent and affidavit, if any, mentioned in 
subsection 8 (2). 

Fees (2) For services rendered in connection with the filings required 

by subsection (1), the clerk of the court is entitled to the following 
fees: 



1. For filing affidavit $1.00 

2. For a search .50 

3. For a certificate of filing of affidavit .50 

4. For copies of affidavit and certifying the same, 

for every 100 words .20 

5. For production and inspection of affidavit . . .10 
Failure (3) If the buycr fails to comply with subsection (1), a judge may 

to file 

at any time, 

{a) upon the application of the trustee or a creditor, 
order the buyer to comply therewith ; or 

(6) upon the application of the buyer, extend the time 
for compliance therewith ; or 

(c) upon the application of the buyer after the lapse of 
one year from the date of the completion of the 
sale in bulk and upon being satisfied that the claims 
of all unsecured trade creditors and secured trade 
creditors of the seller existing at the time of the 
completion of the sale have been paid in full and 



Sec. 14(1)1|2 BULK SALES Chap. 52 385 

that no action or proceeding is pending to set aside 
the sale or to have the sale declared void and that 
the application is made in good faith and not for any 
improper purpose, make an order dispensing with 
compliance therewith. R.S.O. 1970, c. 52, s. 11. 

12. — (1) Where the proceeds of the sale are paid or Distriimtion 
delivered to a trustee under section 10, the trustee is a trustee of sale 
for the general benefit of the creditors of the seller and he 
shall distribute the proceeds of the sale among the creditors 
of the seller, and, in making the distribution, all creditors' 
claims shall be proved in like manner and are subject to like 
contestation before a judge and, subject to section 13, are 
entitled to like priorities as in the case of a distribution 
under the Bankruptcy Act (Canada), as amended or re-enacted ^^ |C i97o, 
from time to time, and shall be determined as of the date 
of the completion of the sale. 

(2) Before making the distribution, the trustee shall cause Notice 
a notice thereof to be published in at least two issues of a 
newspaper having general circulation in the locality in which 

the stock in bulk was situated at the time of the sale, and 
the trustee shall not make the distribution until at least 
fourteen days after the last of such publications. 

(3) Upon notice to the trustee within thirty days after the ^®j?^"°° . 
date of the filing of the documents mentioned in section 1 1 receiving 

order 

that a petition for a receiving order against the seller has 
been filed, the trustee shall not distribute the proceeds of the 
sale until the final disposition of the petition and, where a 
receiving order is made pursuant to the petition, the trustee 
shall pay the proceeds of the sale, after deducting therefrom 
his fee and disbursements, to the trustee appointed by the 
receiving order. R.S.O. 1970, c. 52, s. 12. 

1 3. Nothing in this Act affects the rights of any municipality Municipal 
under the Assessment Act or Part XXII of the Municipal preserved 
Act. R.S.O. 1970, c. 52, s. 13. R so. iggo, 

cc. 31, 302 

14. — (1) Subject to subsection (3), the fee of the trustee shall be Fee of 

•' ' trustee 

as follows: 

1 . Where the proceeds of the sale do not exceed 
$5,000 % 250 

2. Where the proceeds of the sale exceed $5,000 

but do not exceed $25,000 $ 250 

plus 3 per cent of the amount by which the 
proceeds of the sale exceed $5,000 



386 



Chap. 52 



BULK SALES 



Sec. 14 (1)113 



Idem 



Idem 



3. Where the proceeds of the sale exceed $25,000 

but do not exceed $100,000 

plus 2 per cent of the amount by which the 
proceeds of the sale exceed $25,000 



$ 850 



4. Where the proceeds of the sale exceed $100,000 $2,350 
plus 1 per cent of the amount by which 
the proceeds of the sale exceed $100,000 

(2) In the absence of an arrangement between the seller 
and the trustee to the contrary, the fee, together with any 
disbursements made by the trustee, shall be deducted by him 
from the moneys to be paid to the creditors. 

(3) Where the proceeds of the sale exceed the amount re- 
quired to pay in full all indebtedness of the seller to his 
creditors, the fee of the trustee together with any disburse- 
ment made by the trustee shall be deducted by him from the 
excess proceeds to the extent of that excess, and any sum 
remaining unpaid thereafter shall be paid as provided in sub- 
section (1). R.S.O. 1970, c. 52, s. 14. 



Who may 

make 

affidavits 



15. — (1) Any affidavit required to be made under this 
Act by a seller, 

{a) if the seller is a partnership, shall be made sever- 
ally by all of the partners ; or 

(b) if the seller is a corporation, shall be made by an 
officer or director of the corporation and shall state 
that the deponent has a personal knowledge of the 
facts deposed to. 



Idem 



(2) Upon the application of a seller and upon being satis- 
fied that good and sufficient cause exists that any affidavit 
required to be made under this Act should be made other- 
wise than under subsection (1), a judge may order accord- 
ingly. R.S.O. 1970, c. 52, s. 15. 



Effect of 
buyer 
failing to 
comply 
with Act 

Personal 
liability 
of buyer 



16. — (1) A sale in bulk is voidable unless the buyer has 
complied with this Act. 

(2) If a sale in bulk has been set aside or declared void 
and the buyer has received or taken possession of the stock 
in bulk, he is personally liable to account to the creditors of 
the seller for the value thereof, including all moneys, security 
and property realized or taken by him from, out of, or on 
account of, the sale or other disposition by him of the 
stock in bulk. R.S.O. 1970, c. 52, s. 16. 



Sec. 19 BULK SALES Chap. 52 387 

17. — (1) An action or proceeding to set aside or have ^^"^^ 
declared void a sale in bulk may be brought or taken by a action 
creditor of the seller, and, if the seller is adjudged bank- 
rupt, by the trustee of his estate. 

(2) No action shall be brought or proceeding taken in ^ght of ° 
respect of real property included in a sale in bulk if the action 
reaf propertv has been sold, transferred, charged or mort- 
gaged to a bona fide purchaser, transferee, chargee or mort- 
gagee for valuable consideration without actual notice of 
non-compliance with the Act by the buyer. R.S.O. 1970, c. 52, 
s. 17. 

1 8. In an action or proceeding in which a sale in bulk is o/^oof 
attacked or comes in question, whether directly or indirectly, 

the burden of proof that this Act has been complied with is 
upon the person upholding the sale in bulk. R.S.O. 1970, 
c. 52,s. 18. 

19. No action shall be brought or proceeding taken to set Limitation 
aside or have declared void a sale in bulk for failure to 
comply with this Act unless the action is brought or the proceed- 
ing is taken either before the documents are filed under 
section 11 or within six months after the date on which 

the documents were filed under section 11. R.S.O. 1970, 
c. 52,s. 19. 



aas 



Chap. 52 



BULK SALES 



Form 1 



FORM 1 

(Section 4 (1) ) 

Bulk Sales Act 

STATEMENT AS TO SELLER'S CREDITORS 

Statement showing names and addresses of all unsecured trade creditors and secured 

trade creditors of 

of the of in the of 

and the amount of the indebtedness or liability due, owing, payable or accruing due or to 
become due by him to each of them. 

"'' UNSECURED TRADE CREDITORS 



Name of Creditor 


Address 


Amount 









SECURED TRADE CREDITORS 



Name of 
Creditor 


Address 


Amount 


Nature of 
Security 


Due or becoming due 

on the date fixed for 

the completion of 

the sale 













, , of the of . 



the, 



.of , , make oath and say : 



1 . That the foregoing statement is a true and correct statement 

(a) of the names and addresses of all the unsecured trade creditors of the 

said and of the amount of the indebtedness or liability 

due, owing, payable or accruing due or to become due and payable by the 

said to each of the said unsecured trade creditors ; 

and 

(b) of the names and addresses of all the secured trade creditors of the 

said and of the amount of the indebtedness or liability 

due, owing, payable or accruing due or to become due and payable by the 

sjiid to each of the said secured trade creditors, 

the nature of their security, and whether they are or in the event of sale will become 
due and payable on the date fixed for the completion of the sale. 



(and, if the seller is a corporation) 

2. That I am of the Corporation, 

and have personal knowledge of the facts herein deposed to. 

Sworn before me, etc. I 

R.S.O. 1970, c. 52, Form 1. 



Form 2 bulk sales Chap. 52 389 

FORM 2 

(Section 8 (1) (c) ) 

Bulk Sales Act 

WAIVER 

In the matter of the sale in bulk 

Between 

Seller 

— and — 

Buyer 

I, of the of 

in the of , a secured 

an unsecured trade 
creditor of the above-named seller, hereby waive the provisions of the Bulk Sales Act 
that require that adequate provision be made for the immediate payment in full of 
my claim forthwith after completion of the sale, and I hereby acknowledge'and agree that 
the buyer may pay or deliver the proceeds of the sale to the seller and thereupon 
acquire the property of the seller in the stock without making provisiorf for the im- 
mediate payment of my claim and that any right to recover payment of my claim 
may/unless otherwise agreed, be asserted against the seller only. 

Dated at this day of , 19. . . 

Witness : 



R.S.O. 1970, c. 52, Form 2. 



390 Chap. 52 BULK sales Form 3 

FORM 3 

{Sections 8 (2) (a) and 9 (1) (a) ) 
Bulk Sales Act 
CONSENT 
In the matter of the sale in bulk 
Between : 

Seller 
— and — 



I , of the of. 



in the of , an unsecured trade creditor of the 

above-named seller, hereby acknowledge and agree ; 

1. that I have received, 

(a) a copy of the statement showing the names and addresses of the unsecured 
trade creditors and the amount of the indebtedness or liability due, owing, 
payable or accruing due or to become due and payable by the seller, and 
showing the names and addresses of his secured trade creditors, the nature 
of their security and whether their claims are or, in the event of sale, 
become due on the date fixed for completion of the sale, and the amount 
of the indebtedness or liability due, or owing, payable or accruing due 
or to become due and payable by the seller ; 

(b) a statement of the affairs of the seller ; and 

(c) a copy of the contract of the sale in bulk ; 

2. that I consent to the sale ; and 

3. that I consent to the appointment of as trustee. 

Dated at , this day of 19. . . 

Witness : 



R.S.O. 1970, c. 52, Form 3. 



Form 4 



BULK SALES 



Chap. 52 



391 



FORM 4 

{Section 8 (2) (b) ) 

Bulk Sales Act 

STATEMENT OF AFFAIRS 

A ssets included in the Sale in Bulk 

(a) Amount of the proceeds of the sale 



Assets not included in the Sale in Bulk 

(b) Stock-in-trade at cost price not exceeding fair value $ . 

(c) Trade fixtures, fittings, utensils, etc S. 

(d) Book debts— Good $ 

Doubtful S 

Bad $ 

Estimated to produce $ . 

(e) Bills of exchange, promissory notes, etc $. 

(/) Cash in bank %. 

(g) Cash on hand $ . 

(A) Livestock $ . 

(») Machinery, equipment, and plant. $. 

(j) Real estate $ . 

(k) Estimated value of securities in hands of secured 

creditors $ . 

(/) Furniture $ . 

(m) Life insurance policies $. 

(n) Stocks and bonds $ . 

(o) Interest in estates $ . 

(/») Other property, viz $ . 



Total 



Liabilities 



(q) Unsecured trade creditors 

(r) Secured trade creditors 

(s) Preferred creditors 

(t) All other liabilities, except contingent liabilities set 
out below 



Total 

Surplus or deficiency. 



Contingent Liabilities 

(«) Liabilities under endorsements and guarantees 
(r) All other contingent liabilities 



Total 



I.. 



of the of 



in the of , make oath 

and say that the above statement is to the best of my knowledge and belief a full, 

true and complete statement of my affairs on the day of 

19. ... , (which date shall not be more than 30 days before the date of the affidavit) and fully 
discloses all my property of ever\- description. 



Sworn before me, etc. 



R.S.O. 1970, c. 52, Form 4. 



ii>h 



Sec. 2 BULL owners' ll^ility Chap. 53 393 

CHAPTER 53 
Bull Owners' Liability Act 

1 . The owner of any bull found off his owner's premises, not Penalty for 
confined or led by an attendant, is guilty of an offence and on buii to run 
conviction is liable to a penalty of $25. R.S.O. 1950, c. 294, s. 1. ^^ '^^^ 



2. Where a cow is got in calf by a bull running at large, the Damages 

tj o / recoverable 

owner of the cow is entitled to recover the full amount of actual where cow 
damage or loss sustained by him, from the owner of the bull. ^'^^ '" '^^^ 
R.S.O. 1950, c. 294, s. 2. 



Sec. 1 (1) 117 ii business corporations Chap. 54 395 

CHAPTER 54 
Business Corporations Act 

1.— (1) In this Act. J^terpre- 

1. "affiliate" means an affiliated body corporate within 
the meaning of subsection (4); 

2. "articles of incorporation" or "articles" means 
the original or restated articles of incorporation, 
articles of amalgamation, letters patent, supple- 
mentary letters patent, a special Act and any other 
instrument by which a corporation is incorporated, 
and includes any amendments thereto ; 

3. "authorized capital" means the authorized capital 
as determined under section 23; 

4. "basic earnings per share" means the amount of 
income attributable to each outstanding share that 
carries as an incident of ownership the right to 
participate in earnings to an unlimited degree, cal- 
culated in the manner prescribed by the regulations ; 

5. "body corporate" means any body corporate with 
or without share capital and whether or not it is 
a corporation to which this Act applies; 

6. "certificate of incorporation" includes letters patent, 
a special Act or any other instrument by which a 
corporation is incorporated; 

7. "certified copy" means, 

i. in relation to a document of a corporation, a 
copy of the document certified to be a true 
copy under the seal of the corporation 
and signed by an officer thereof, 

ii. in relation to a document issued by a court, 
a copy of the document certified to be a 
true copy under the seal of the court and 
signed by the registrar or clerk thereof, 



396 Chap. 54 BUSINESS CORPORATIONS Sec. 1 (1) 117 iii 

iii. in relation to a document in the custody of 
the Ministry, a copy of the document certi- 
fied to be a true copy undef the seal of the 
Minister and signed by the Minister or by 
such officer of the Ministry as is designated 
by the regulations; 

8. "Commission" means the Ontario Securities Com- 
mission ; 

9. "corporation" means a body corporate with share 
capital to which this Act applies; 

10. "corporation number" means the number assigned 
by the Minister to a corporation in accordance with 
subsection 6(1), and "number" in relation to a corpora- 
tion means the corporation number of that corporation; 

11. "court" means the Supreme Court of Ontario 
presided over by one of those judges of the High 
Court who are designated by the Chief Justice of 
the High Court for the purpose of hearing appli- 
cations under this Act ; 



12. "debt obligation" means a bond, debenture, note 
or other similar obligation of a body corporate, 
whether secured or unsecured ; 

13. "equity share" means any share of any class of 
shares of a body corporate carrying voting rights 
under all circumstances and any share of any 
class of shares carrying voting rights by reason of 
the occurrence of any contingency that has occurred 
and is continuing ; 

14. "financial statement" means a financial statement 
referred to in section 165; 



15. "fully diluted earnings per share" means the amount 
of income attributable to each share that would, 
if all potential conversions, exercises and contingent 
issuances had occurred during the period, be out- 
standing and have as an incident of ownership the 
right to participate in earnings to an unlimited 
degree, calculated in the manner prescribed by 
the regulations ; 



Sec. 1 (1) f 26 BUSINESS CORPORATIONS Chap. 54 397 

16. "individual" means a natural person, but does, not 
include a partnership, unincorporated association, 
unincorporated syndicate, unincorporated organiza- 
tion, trust, or a natural person in his capacity as 
trustee, executor, admininstrator or other legal 
personal representative ; 

_ 17. "interim financial statement" means a financial 
statement referred to in section 176; 

18. "issued capital" means the issued capital as deter- 
mined under section 31; 

19. "Minister" means the Minister of Consumer and 
Commercial Relations or such other member of 
the Executive Council to whom the administration 
of this Act may be assigned; 

20. "Ministry" means the Ministry of the Minister; 

21. "non-resident corporation" means a corporation that is 
not deemed to be resident in Canada under paragraph 

250 (4) (c) of the Income Tax Act (Canada); RSC. i9S2, 

• ' c. 148 

22. "number name" means the name of a corporation which 
consists only of its corporation number followed by the 
word "Ontario" and one of the words or abbreviations 
provided for in subsection 8(1); 

23. "officer" means the chairman, any vice-chairman 
of the board of directors, the president, any vice- 
president, the secretary, the assistant secretary, 
the treasurer, the assistant treasurer and the general 
manager of a corporation, and any other person 
designated an officer of a corporation by by-law or 
by resolution of the directors or any other individual 
who performs functions for a corporation similar 
to those normally performed by an individual 
occupying any such office ; 

24. "personal representative", where used with refer- 
ence to holding shares in that capacity, means an 
executor, administrator, guardian, tutor, trustee, 
receiver or liquidator or the committee of or 
curator to a mentally incompetent person ; 

25. "prescribed" means prescribed by the regulations; 

26. "regulations" means the regulations made under 
this Act; 



398 Chap. 54 BUSINESS corporations Sec. 1 (1) 1127 

27. "related person", where used to indicate a relation- 
ship with any person, means, 

i. any spouse, son or daughter of that person, 

ii. any relative of such person or of his spouse, 
other than a relative referred to in subpara- 
graph i, who has the same home as such 
person, or 

iii. any body corporate of which such person 
and any of the persons referred to in sub- 
paragraph i or ii or the partner or employer 
of such person, either alone or in com- 
bination, beneficially owns, directly or in- 
directly, equity shares carrying more than 
50 per cent of the voting rights attached to 
all equity shares of the body corporate 
for the time being outstanding; 

28. "resident Canadian" means an individual who is 
a Canadian citizen or has been lawfully admitted 
to Canada for permanent residence and who is 
ordinarily resident in Canada; 

29. "security" means any share of any class of shares 
or any debt obligation of a body corporate; 

30. "senior officer" means, 

i. the chairman or a vice-chairman of the board 
of directors, the president, a vice-president, 
the secretary, the treasurer or the general 
manager of a corporation or any other in- 
dividual who performs functions for a cor- 
poration similar to those normally performed 
by an individual occupying any such office, 
and 

ii. each of the five highest paid employees of a 
corporation, including any individual referred 
to in subparagraph i ; 

31. "special by-law" means a by-law that is not effective 
until it is, 

i. passed by the directors of a corporation, and 

ii, confirmed, with or without variation, by at 
least two-thirds of the votes cast at a general 
meeting of the shareholders of the corpora- 



Sec. 1 (2) (6) BUSINESS corporations Chap. 54 399 

tion duly called for that purpose, or such 
greater proportion of the votes cast as the 
articles provide, or, in lieu of such con- 
firmation, by the consent in writing of all 
the shareholders entitled to vote at such 
meeting or their attorney authorized in 
. . " jwriting ; 

32. "special resolution" means a resolution that is 
not effective until it is, 

i. passed by the directors of a corporation, 
and 

ii. confirmed, with or without variation, by at 
least two-thirds of the votes cast at a 
general meeting of the shareholders of the 
corporation duly called for that purpose, or 
such greater proportion of the votes cast as 
the articles provide, or, in lieu of such con- 
firmation, by the consent in writing of all 
the shareholders entitled to vote at such 
meeting or their attorney authorized in 
writing ; 

33. "warrant" means any document issued by a body 
corporate entitling the holder to purchase a secu- 
rity of the body corporate on specified terms. 
R.S.O. 1970, c. 53, s. 1 (1); 1971, c. 26, s. 1; 
1972, c. 1, ss. 1, 30; 1972, c. 138, s. 1 (3, 4); 1974, 
c. 26, s. 1; 1978, c. 49, s. 1 (1-4); 1979, c. 36, s. 1. 

(2) For the purposes of this Act, a body corporate shall ^^^T®" 
be deemed to be a subsidiary of another body corporate if, subsidiary 

but only if, corporate 

{a) it is controlled by, 

(i) that other, or 

(ii) that other and one or more bodies cor- 
porate each of which is controlled by that 
other, or 

(iii) two or more bodies corp)orate each of which 
is controlled by that other ; or 

[b) it is a subsidiary of a body corporate that is that 
other's subsidiary. 



400 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 1 (3) 



body^'^^ (3) For the purposes of this Act, a body corporate 

corporate shall be deemed to be another's holding body corporate if, 
but only if, that other is its subsidiary. 



Affiliated 

body 

corporate 



(4) For the purposes of this Act, one body corporate shall 
be deemed to be affiliated with another body corporate 
if, but only if, one of them is the subsidiary of the other 
or both are subsidiaries of the same body corporate or each of 
them is controlled by the same person. 



Control 



(5) For the purposes of this Act, a body corporate shall 
be deemed to be controlled by another person or by two 
or more bodies corporate if, but only if, 



{a) shares of the first-mentioned body corporate carry- 
ing more than 50 per cent of the votes for the 
election of directors are held, other than by way 
of security only, by or for the benefit of such 
other person or by or for the benefit of such other 
bodies corporate ; and 

(6) the votes carried by such shares are sufficient, if 
exercised, to elect a majority of the board of 
directors of the first-mentioned body corporate. 
R.S.O. 1970, c. 53, s. 1 (2-5). 

Insolvency (5) por the purposes of this Act, a corporation is insolvent 
if its liabilities exceed the realizable value of its assets or 
if the corporation is unable to pay its debts as they 
become due. 

SiaSiders ^^^ ^" determining the number of shareholders of a 
corporation, for the purposes of this Act, two or more 
persons holding the same share or shares jointly shall be 
counted as one shareholder. R.S.O. 1970, c. 53, s. 1 (7, 8). 

secumfes ^^) ^^^ ^^^ purposes of this Act, a body corporate is offering its 

to public securities to the public only where, 



R.S.O. 1980, 
c. 466 



in respect of any of its securities a prospectus, 
statement of material facts or securities exchange 
take-over bid circular has been filed under the Securities 
Act, or any predecessor thereof, or in respect of which a 
prospectus has been filed under The Corporations Infor- 
mation Act, being chapter 72 of the Revised Statutes of 
Ontario, 1960, or any predecessor thereof, so long as any 
of such securities are outstanding or any securities into 
which such securities are converted are outstanding; or 



Sec. 2 (2) ib) BUSINESS CORPORATIONS Chap. 54 401 

(b) any of its securities have been at any time since 
the 1st day of May, 1967, hsted and posted for 
trading on any stock exchange in Ontario recognized 
by the Commission, regardless of when such listing 
and posting for trading commenced, 

except that where, upon the application of a body cor- 
porate that has fewer than fifteen security holders, the 
Commission is satisfied, in its discretion, that to do so 
V^ would not be prejudicial to the public interest, the Com- 
mission may order, subject to such terms and conditions 
as the Commission may impose, that the body corporate 
shall be deemed to have ceased to be offering its securities 
to the public. 1972, c. 138, s. 1 (5); 1978, c. 49, s. 1 (6, 7). 

2. — (1) This Act, except where it is otherwise expressly Application 
provided, applies, 

(a) to every corporation incorporated by or under a 
general or special Act of the Parliament of the 
former Province of Upper Canada ; 

(b) to every corporation incorporated by or under a 
general or special Act of the Parliament of the 
former Province of Canada that has its head 
office and carries on business in Ontario and that 
was incorporated with objects to which the authority 
of the Legislature extends; and 

(c) to every corporation incorporated by or under a 
general or special Act of the Legislature, 

but this Act does not apply to a corporation incorporated 
for the construction and working of a railway, an incline 
railway or a street railway, or to a corporation within the 
meaning of the Loan and Trust Corporations Act except as pro- ff^- '^*°' 
vided by that Act. R.S.O. 1970, c. 53, s. 2 (1). 



(2) This Act does not apply to a corporation that. 



Idem 



(a) is a company within the meaning of the Cor- R so 



1980, 



porations Act and has objects in whole or in part of 
a social nature ; 

0) is a corporation or company within the meaning of 

the Co-operative Corporations Act; ^\'P' ^^*°' 



402 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 2 (2) (c) 



R.S.O. 1980, 
c. 95 



(c) is a corporation that is an insurer within the 
meaning of subsection 141 (1) of the Corporations Act; 



R.S.O. 1980, 
c. 102 



(d) is a corporation to which the Credit Unions and Caisses 
Populaires Act applies. R.S.O. 1970, c. 53, s. 2 (2); 
1973, c. 104, s. 1 (2). 



INCORPORATION 



Incorpora- 
tion 



3. — (1) A corporation may be incorporated under this 
Act for any lawful objects to which the authority of the 
Legislature extends, except those of a corporation the in- 
corporation of which is provided for in any other Act. 



Idem 



R.S.O. 1980, 
c. 249 



(2) Notwithstanding subsection (1), a corporation may be 
incorporated under this Act with power only to lend and 
invest money on mortgage of real estate or otherwise, or 
with power only to accept and execute the office of 
liquidator, receiver, assignee, trustee in bankruptcy or 
trustee for the benefit of creditors and to accept the duty 
of and to act generally in the winding up of corporations, 
partnerships and estates, other than estates of deceased 
persons, and shall not by reason thereof be deemed to 
be a corporation within the meaning of the Loan and 
Trust Corporations Act, but the number of its shareholders, 
exclusive of persons who are in the employment of the 
corporation, shall be limited by its articles to five, and no 
such corporation shall issue debt obligations except to its 
shareholders, or borrow money on the security of its prop- 
erty except from its shareholders, or receive money on deposit 
or offer its securities to the public. 



Professions 



(3) Where the practice of a profession is governed by an 
Act, a corporation may be incorporated to practise the 
profession only if such Act expressly permits the practice of 
such profession by a corporation and subject to the pro- 
visions of such Act. R.S.O. 1970, c. 53, s. 3. 



Articles of 
incorpora- 
tion 



4. — (1) One or more persons, being a body corporate or 
a natural person who is of the age of eighteen years or 
more, may incorporate a corporation by signing and de- 
livering to the Minister in duplicate articles of incor- 
poration. R.S.O. 1970, c. 53, s. 4 (1); 1971, c. 98, s. 4, 
Sched., par. 4. 



Contents 
of articles 



(2) The articles of incorporation shall set out : 



Sec. 4 (3) BUSINESS CORPORATIONS Chap. 54 403 

1. The name of the corporation to be incorporated. 

2. The objects for which the corporation is to be 
incorporated. 

3. The place in Ontario where the head office of the 
corporation is to be located, giving the munici- 
pality and the county or district or, where the 
head office is to be located in territory without 
municipal organization, the geographic township 
and district and the address giving the street and 
number, if any. 

4. The authorized capital, the classes of shares, if any, 
into which it is to be divided, the number of 
shares of each class, and the par value of each 
share, or, where the shares are to be without 
par value, the consideration, if any, exceeding 
which each share may not be issued or the aggre- 
gate consideration, if any, exceeding which all 
the shares of each class may not be issued. 

5. Where there are to be special shares, the designa- 
tions, preferences, rights, conditions, restrictions, 
hmitations or prohibitions attaching to them or 
each class of them. 

6. The restrictions, if any, to be placed on the trans- 
fer of its shares or any class thereof. 

7. The number of directors of the corporation and 
the names in full and the residence address, giving 
the street and number, if any, of each person 
who is to be a first director of the corporation. 

8. The class and number of shares, if any, to be taken 
by each incorporator and the amount to be paid 
therefor. 

9. The names in full, and the residence address, giving 
street and number, if any, of each of the incor- 
porators. 

10. Any other matter required by this Act or the 
regulations to be set out in the articles. 



(3) The articles may set out any provision that is Mem 
authorized by this Act to be set out in the articles or 
that could be the subject of a by-law of the corporation. 



404 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 4 (4) 



Consent 
of first 
directors 



(4) Where the articles name as a first director a person 
who is not an incorporator, the articles shall have attached 
thereto his written and signed consent to act as a first 
director. R.S.O. 1970, c. 53, s. 4 (2-4). 



6. — (1) Upon receiving duplicate original articles of in- 
Certificate corporation, all other required documents executed in accord- 
incorporation ance with this Act and the prescribed fee, the Minister shall, 

{a) endorse on each of the duplicate original articles a 
■ certificate setting out the day, month and year of 

endorsement and the corporation number; 

(6) file one of the duplicate originals in his office ; and 

'■•*. (c) return to the incorporators or their agents the 

other duplicate original. 

Mem (2) The certificate endorsed in accordance with subsection 

(1) constitutes the certificate of incorporation and the cor- 
poration comes into existence upon the date set out therein. 



Idem 



(3) A certificate of incorporation is conclusive proof that 
the corporation has been incorporated under this Act on the 
date set out in the certificate except in a proceeding under 
section 241 to cancel the certificate for cause. 1979, c. 36, s. 3. 



NAME 



ofnumber ^* — ^^^ Every corporation shall be assigned a number by 

the Minister and such number shall be specified as the cor- 
poration number in the certificate of incorporation and in 
any other certificate issued by the Minister to the corporation. 



Idem 



(2) Where no name is specified in the articles which are 
delivered to the Minister, the corporation shall be assigned a 
number name. 



Idem (3) Where, through inadvertence or otherwise, the Minister 

has assigned to a corporation a corporation number or num- 
ber name that is the same as the number or name of any 
other body corporate previously assigned by the Minister, 
the Minister may, without holding a hearing, issue a certifi- 
cate of amendment to the articles changing the number or 
name assigned to the corporation and, upon the issuance of 
the certificate of amendment, the articles are amended 
accordingly. 



Sec. 8 (2) BUSINESS CORPORATIONS Chap. 54 40S 

(4) Where for any reason the Minister has endorsed a We™ 
certificate on articles that sets forth the corporation number 
incorrectly, the Minister may substitute a corrected certificate 
that shall bear the date of the certificate it replaces. 

(5) The file number which has been assigned to a cor- Wem 
poration by the Minister prior to the 1st day of September, 1979 
shall be deemed to be that corporation's number. 1979, c. 36, 

s. 4. 

7. — (1) Subject to subsection (2), a corporation shall not be^^""? . 
incorporated with a name, ^^ 

(a) that contains a word or expression prohibited by 
the regulations; 

(6) that, except where a number name is proposed, is 
the same or similar to, 

(i) the name of a known body corporate, trust, 
association, partnership, sole proprietorship, 
or individual, whether in existence or not, or 

(ii) the known name under which any body cor- 
porate, trust, association, partnership, sole 
proprietorship, or individual, carries on business 
or identifies itself, 

if the use of that name would be likely to deceive; 

(c) that does not meet the requirements prescribed by 
the regulations. 

(2) A corporation may be incorporated with a name ^'^ju^^Tj) 
described in clause (1) (b) upon complying with conditions pre- 
scribed by the regulations. 

(3) There shall be filed with the Minister such documents Documents 
relating to the name of the corporation as may be prescribed 

by the regulations. 1979, c. 36, s. 5. 

8. — (1) The word "Limited", "Incorporated" or "Cor- Use of 

• .1 , T 11 • • <iT 1 f. «iT >. Limited 

poration or the correspondmg abbreviation Ltd. , Inc. 'incor- 
or "Corp." shall be the last word of the name of every R^*"^ration" 
corporation, but a corporation may use and may be legally 
designated by either the full or the abbreviated form. 

(2) Subject to the provisions of thi^ Act and the regu- Corporate 
lations, a corporation may have in its articles of incorporation 
a special provision permitting it to set out its name in any 
language and the corporation may be legally designated by 
that name. 



406 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 8 (3) 



Letters and (3) Qnly lettCFs from the alphabet of the EngHsh language 

permitted OF Arabic numerals or a combination thereof, together with 
such punctuation marks and other marks as are permitted by 
regulation, may form part of the name of a corporation. 



Exception 



Change not 
to affect 
rights, etc. 



(4) Subsection (3) does not apply to a name under sub- 
section (2). 1979, c. 36, s. 6. 

9. A change in the name of a corporation does not affect its 
rights or obligations. R.S.O. 1970, c. S3, s. 9. 



Unauthorized 
use of 
"Limited", 
etc. 



10. — (1) No person, partnership or association, while not 
incorporated, shall trade or carry on a business or under- 
taking under a name in which "Limited", "Incorporated" 
or "Corporation" or any abbreviation thereof, or any version 
thereof in another language, is used. 



Idem 



(2) Where a corporation carries on business or identifies 
itself to the public in a name or style other than as provided 
in the articles, that name or style shall not include the word 
"Limited", "Incorporated" or "Corporation", any abbrevi- 
ation thereof or any version thereof in another language. 
1979, c. 36, s. 7. 



Change of 
name if 
objectionable 



Failure to 

perform 

undertaking 



Idem 



11. — (1) If a corporation, through inadvertence or other- 
wise, has acquired a name contrary to section 7, the 
Minister may, after he has given the corporation an op- 
portunity to be heard, issue a certificate of amendment to 
the articles changing the name of the corporation to a name 
specified in the certificate and, upon the issuance of the 
certificate of amendment, the articles are amended ac- 
cordingly. 

(2) Where an undertaking to dissolve or change its name 
is given by a corporation to which this Act applies and the 
undertaking is not carried out within the time specified, the 
Minister may, after giving the corporation .an opportunity to 
be heard, issue a certificate of amendment to the articles 
changing the name of the corporation to a name specified in 
the certificate and, upon the issuance of the certificate of 
amendment, the articles are amended accordingly. 

(3) Where an undertaking to dissolve or change its name 
is given by a body corporate to which this Act does not 
apply, or by a trust, association, partnership, sole proprie- 
torship or individual, and the undertaking is not carried out 
within the time specified, the Minister may, after giving 
the corporation that acquired the name by virtue of such 
undertaking an opportunity to be heard, issue a certificate 



Sec. 13 (5) BUSINESS CORPORATIONS Chap. 54 407 

of amendment to the articles changing the name of the 
corporation to a name specified in the certificate and, upon 
the issuance of the certificate, the articles are amended 
accordingly. 

(4) Where the name of a corporation has been changed ^^^"s^ of 
under proceedings taken under this section, the corporation 
may, subject to section 7, thereafter deliver to the Minister 
articles of amendment under the provisions of this Act 
changing its name to the name specified in the articles. 1979, 
c. 36, s. 8. 



SEAL AND HEAD OFFICE 



12. — (1) A corporation shall have a seal which shall be ^°^™^ 
adopted and may be changed by resolution of the directors. 

(2) The name of the corporation shall appear in legible ^em 
characters on the seal. R.S.O. 1970, c. 53, s. 13. 

13. — (1) Subject to subsection (2), a corporation shall at h^^ 
all times have its head office at the place in Ontario where 
the articles provide that the head office is to be located. 

(2) A corporation may by special by-law change the ^^^^0^ 
municipality or geographic township in which its head 

office is located to another place in Ontario. 

(3) Where the location of the head office of a corporation ^J^^lipanty 
is changed by reason only of the annexation or amalga- annexed 
mation of the place in which the head office is located to gamated 

or with another municipality, such change does not con- 
stitute and has never constituted a change within the 
meaning of subsection (2). 

(4) The corporation shall, within ten days after a by-law by"^"^ 
passed under subsection (2) has been confirmed by the 
shareholders, file a certified copy of the by-law with the 
Minister. 

(5) A corporation may by resolution of the directors J5^^®°' 
change the location of its head office within a municipality address 



408 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 13 (5) 



or geographic township and shall, within ten days after 
the passing of the resolution, file with the Minister notice of 
the change giving the address including the street and 
number, if any, of the new location. 

Validity (5) Failure to comply with subsection (4) or (5) does not affect 

the validity of the by-law or resolution. R.S.O. 1970, c. S3,s. 14. 



Corporate 
character- 
istics 



POWERS 

General 

14. — (1) Every corporation has power, 

{a) to have perpetual succession ; 

(6) to contract and sue and be sued in its corporate 
name; and 

(c) to carry on business in or identify itself to the public 
by a name or style other than its corporate name. 
R.S.O. 1970, c. 53, s. 15 (1). 



^ower°**^ (2) A corporation has power as incidental and ancillary 

to the objects set out in its articles, 



1. to carry on any other business capable of being 
conveniently carried on in connection with its 
business or likely to enhance the value of or make 
profitable any of its property or rights; 

2. to acquire or undertake the whole or any part of 
the business, property and liabilities of any person 
carrying on any business that the corporation is 
authorized to carry on ; 

3. to apply for, register, purchase, lease, acquire, hold, 
use, control, license, sell, assign or dispose of 
patents, patent rights, copyrights, trade marks, 
formulae, licences, inventions, processes, distinctive 
marks and similar rights; 



4. to enter into partnership or into any arrangement 
for sharing of profits, union of interests, co-opera- 



Sec. 14 (2) 19 BUSINESS CORPORATIONS Chap. 54 409 

tion, joint adventure, reciprocal concession or other- 
wise with any person or body corporate carrying on 
or engaged in or about to carry on or engage in 
any business or transaction that the corporation is 
authorized to carry on or engage in or any business 
or transaction capable of being conducted so as 
to benefit the corporation ; 

5. to take or otherwise acquire and hold securities 
in any other body corporate having objects al- 
together or in part similar to those of the cor- 
poration or carrying on any business capable of 
being conducted so as to benefit the corporation; 

6. to lend money to any other body corjwrate or any 
firm or person having dealings with the corporation 
or with whom the corporation proposes to have 
dealings or to any other body corporate any of 
whose shares are held by the corporation; 

7. to apply for, secure or acquire by grant, legislative 
enactment, assignment, transfer, purchase or other- 
wise, and to exercise, carry out and enjoy any 
charter, licence, power, authority, franchise, con- 
cession, right or privilege, that any government or 
authority or any body corporate or other public 
body may be empowered to grant, and to pay 
for, aid in and contribute toward carrying it into 
effect and to assume any liabilities or obligations 
incidental thereto; 

8. to establish and support or aid in the establishment 
and support of associations, institutions, funds or 
trusts for the benefit of employees or former 
employees of the corporation or its predecessors, 
or the dependants or connections of such employees 
or former employees, and grant pensions and 
allowances, and make payments towards insurance 
or for any object similar to those set forth in this 
paragraph, and to subscribe or guarantee money 
for charitable, benevolent, educational or religious 
objects or for any exhibition or for any public, 
general or useful objects; 

9. to promote any body corporate for the purpose, 
of acquiring or taking over any of the property 
and liabilities of the body corporate or for any 
other purpose that may benefit the corporation; 



410 Chap. 54 business corporations Sec. 14 (2) If 10 

10. to purchase, lease, take in exchange, hire or 
otherwise acquire any personal property and any 
rights or privileges that the corporation considers 
necessary or convenient for the purposes of its 
business ; 

11. to construct, maintain and alter any buildings or 
works necessary or convenient for its objects; 

12. to acquire by purchase, lease or otherwise and hold 
any land or interest therein necessary for its 
actual use and occupation or for carrying on its 
undertaking, and, when no longer necessary there- 
for, to sell, alienate or convey it; 

13. to take, hold and alienate real and personal property 
that has in good faith been mortgaged to the cor- 
poration by way of security for, or conveyed to it 
in satisfaction of, debts previously contracted in 
the course of its business, or purchased at judicial 
sales upon levy for such indebtedness, or other- 
wise purchased for the purpose of avoiding a loss 
to the corporation ; 

14. to construct, improve, maintain, work, manage, 
carry out or control any roads, ways, tramways, 
branches or sidings, bridges, reservoirs, watercourses, 
wharves, manufactories, warehouses, electric works, 
Shops, stores and other works and conveniences 
that may advance the interests of the corporation, 
and contribute to, subsidize or otherwise assist or 
take part in the construction, improvement, main- 
tenance, working, management, carrying out or 
control thereof; 



15. to raise and assist in raising money for, and aid 
by way of bonus, loan, promise, endorsement, 
guarantee or otherwise, any person or body cor- 
porate and guarantee the performance or fulfilment 
of any contracts or obligations of any person or 
body corporate, and in particular guarantee the 
payment of the principal of and interest on the 
debt obligations of any such person or body 
corporate ; 

16. to draw, make, accept, endorse, discount, execute 
and issue bills of exchange, promissory notes, bills 



Sec. 14 (2) 1122 business corporations Chap. 54 411 

of lading, warrants and other negotiable or trans- 
ferable instruments; 

17. where authorized to do so by a special resolution 
and by such additional authorization as the articles 
provide, to sell, lease, exchange or otherwise dispose 
of all or substantially all the property of the cor- 
poration for such consideration as the corporation 
thinks fit ; 

18. to sell, improve, manage, develop, exchange, lease, 
dispose of, turn to account or otherwise deal with 
the property of the corporation in the ordinary 
course of its business ; 

19. to adopt such means of making known the products 
of the corporation as may seem expedient, and 
in particular by advertising, by purchase and 
exhibition of works of art or interest, by publi- 
cation of books and periodicals and by granting 
prizes and rewards and making donations ; 



20. to cause the corporation to be registered and rec- 
ognized in any foreign jurisdiction or any province 
or territory of Canada, and designate persons 
therein according to the laws of that foreign 
jurisdiction or that province or territory of Canada 
to represent the corporation and to accept ser- 
vice for and on behalf of the corporation of any 
process or suit ; 



21. to allot and issue fully-paid shares of the corpor- 
ation in payment or part payment of any property 
purchased or otherwise acquired by the corporation 
or for any past services performed for the cor- 
poration ; 

22. to distribute among the shareholders of the cor- 
poration in cash, kind, specie or otherwise as 
may be resolved, by way of dividend, bonus or in 
any other manner considered advisable, any pro- 
perty of the corporation, but not so as to decrease 
the capital of the corporation unless the distribution 
is made for the purpose of enabling the cor- 
poration to be dissolved or the distribution, apart 
from this paragraph, would be otherwise lawful; 



412 Chap. 54 business corporations Sec. 14 (2) 1123 

23. to establish agencies and branches ; 

24. to take or hold mortgages, hypothecs, liens and 
charges to secure payment of the purchase price, or 
of any unpaid balance of the purchase price, of 
any part of the property of the corporation of what- 
soever kind sold by the corporation, or for any money 
due to the corporation from purchasers and others 
and to sell or otherwise dispose of any such 
mortgage, hypothec, lien or charge; 

25. to pay all costs and expenses of or incidental to 
the incorporation and organization of the corpora- 
tion ; 



26. to invest and deal with the moneys of the cor- 
poration not immediately required for the objects 
of the corporation in such manner as may be 
determined ; 

27. to do any of the things authorized by this sub- 
section and all things authorized by its articles as 
principals, agents, contractors, trustees or other- 
wise, and either alone or in conjunction with 
others ; 

28. to do all such other things as are incidental or 
conducive to the attainment of the objects and 
the exercise of the powers of the corporation, 

except that the incidental and ancillary powers of a corporation 
incorporated under subsection 3 (2) are limited to those set out in 
paragraphs 7, 8, 11, 12, 16, 17, 18, 20, 22 and 25. R.S.O. 1970, 
c. 53, s. 15 (2); 1972, c. 138, s. 6. 



by'articies ^^^ "^^^ ®^ ^^ powers set out in subsection (2) may be withheld 

or limited by the articles. 

Power to (4) Every corporation may exercise its powers beyond the 

Ontario boundaries of Ontario to the extent to which the laws in 

force where the powers are sought to be exercised permit, 

and may accept extra-provincial powers and rights. R.S.O. 

1970, c. 53, s. 15 (3, 4). 

outsfde 1^* — (^) ^° ^^^ ^^ ^ corporation and no transfer of real 

powers or personal property to or by a corporation, otherwise law- 



Sec. 16 (1) (a) business corporations Chap. 54 413 

ful, that is heretofore or hereafter done or made, is invalid 
by reason of the fact that the corporation was without 
capacity or power to do such act or make or receive such 
transfer, but such lack of capacity or power may be asserted, 

(a) in a proceeding against the corporation by a share- 
holder under subsection (2); 

(b) in a proceeding by the corporation, whether acting 
directly or through a receiver, liquidator, trustee 
or other legal representative or through share- 
holders in a representative capacity, against a 
director or officer or former director or officer of the 
corporation; or 

(c) as cause for the cancellation of the certificate of 
incorporation of the corporation under section 241. 

(2) A shareholder of a corporation may apply to a court ^^"^"^ 
of competent jurisdiction for an order to restrain the cor- 
poration from doing any act or transferring or receiving the 
transfer of real or personal property on the ground that 
the corporation lacks capacity or power for the purpose, and 
the court may, if it considers it to be just and equitable, 
grant an order prohibiting the corporation from doing the 
act or transferring or receiving the transfer of the real or 
personal property, but, where the act or transfer sought to 
be restrained or prohibited is being or to be done or made 
under a contract to which the corporation is a party, 

(a) all the parties to the contract shall be parties to 
the proceeding; 

(6) the court in granting the order may set aside the 
contract and allow the corporation or other parties 
to the contract, as the case may be, such com- 
pensation as may be equitable for the loss or 
damage sustained by any of them from the granting 
of the order and setting aside of the contract, other 
than anticipated profits from the contract. R.S.O. 
1970, c. 53, s. 16. 



16. — (1) Except as provided in subsection (2), a corpora- ^[^^^g„ 

tion shall not, directors. 

(a) make loans to any of its shareholders, directors or 
employees; or 



414 Chap. 54 business corporations Sec. 16 (1) (b) 

(b) give, directly or indirectly, by means of a loan, 
guarantee, the provision of security or otherwise, 
any financial assistance for the purpose of, or in 
connection with, a purchase or subscription made or 
to be made by any person of any shares of the 
corporation. R.S.O. 1970. c. 53, s. 17 (1). 

Exceptions (2) A Corporation may, 

(a) make loans to any of its shareholders, directors or 
employees in the ordinary course of its business 
where the making of loans is part of the ordinary 
business of the corporation; 

(6) make loans to bona fide full-time employees of the 
corporation whether or not they are shareholders or 
directors, with a view to enabling them to purchase 
or erect dwelling houses for their own occupation, 
and may take from such employees mortgages or 
other security for the repayment of such loans; 

(c) provide, in accordance with a scheme for the time 
being in force, money by way of loan for the pur- 
chase of or subscription for shares of the corpora- 
tion by trustees, to be held by or for the benefit of 
bona fide employees of the corporation, whether or 
not they are shareholders or directors; 

{d) make loans to bona fide employees of the corpora- 
tion, other than directors, whether or not they are 
shareholders, with a view to enabling them to pur- 
chase or subscribe for shares of the corporation 
to be held by them by way of beneficial owner- 
ship; or 

{e) if it is not offering its securities to the public, give 
directly or indirectly by means of a loan, guarantee, 
the provision of security or otherwise, financial 
assistance to any of its shareholders or directors 
with a view to enabling them to purchase issued 
shares of the corporation. R.S.O. 1970, c. 53, 
s. 17(2); 1972, c. 138, s. 7. 

By special (3) The power mentioned in clause (2) (6), (c) or {d) may be 

exercised only under the authority of a special by-law. R.S.O. 
1970, c. 53, s. 17 (3). 



Sec. 19 (2) BUSINESS CORPORATIONS Chap. 54 415 

Contracts 

17. — (1) A contract that if entered into by £in individual iii°^rtthw 
person would be by law required to be in writing and under under seal 
seal may be entered into on behalf of a corporation in 
writing under the seal of the corporation. 

(2) A contract that if entered into by an individual J^J^^rtttiSl 
person would be by law required to be in writing signed by ^jJi*^^®"^ 
the parties to be charged therewith may be entered into on 
behalf of a corporation in writing signed by any person 
acting under its authority, express or implied. 

(3) A contract that if entered into by an individual g^°^^^ 
person would be by law valid although made by parol only 

and not reduced into writing may be entered into by parol 
on behalf of a corporation by any person acting under its 
authority, express or implied. R.S.O. 1970, c. 53, s. 18. 

18. A corporation may, by writing under seal, empower f°^^ey 
any person, either generally or in respect of any specified 
matters, to execute, as its attorney and on its behaliin any 
place within or outside Ontario, documents to which it is a 
party in any capacity and that are required by law to be 
under seal, and every document signed by such attorney on 
behalf of the corporation acting within the scope of his 
authority, express or implied, and under his seal binds the 
corporation and has the same effect as if it were under the 
seal of the corporation. R.S.O. 1970, c. 53, s. 19. 

19.— (1) In this section, Su^"^ 

(a) "contractor" means a person who enters into a 
pre-incorporation contract in the name of or on 
behalf of a corporation before its incorporation; 

{b) "other party" means a jjerson with whom a con- 
tractor enters into a pre-incorporation contract ; 

(c) "pre-incorporation contract" means a contract 
entered into by a contractor in the name of or on 
behalf of a corporation before its incorporation. 

(2) A corpMDration may adopt a pre-incorporation con- ^^°f^}°^ 
tract entered into in its name or on its behaJf, and there- incorpora- 
upon the corporation is entitled to the benefits and is subject contract* 



416 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 19 (2) 



to the liabiHties that were contracted in its name or on its 
behalf and the contractor ceases to be entitled to such 
benefits or to be subject to such liabilities. 



Non- 
adoption of 
pre-lncor- 
poratlon 
contracts 



(3) Where a pre-incorporation contract is not adopted 
by a corporation, the contractor is entitled to the benefits 
and subject to the liabilities under the contract and is entitled 
to recover from the corporation the value of any benefit 
received by the corporation under the contract. 



Application 
to court 
for relief 



(4) Whether or not a pre-incorporation contract is adopted 
by the corporation, the other party may apply to the court 
which may, notwithstanding subsections (2) and (3), make an 
order fixing or apportioning liability as between the con- 
tractor and the corporation in any manner the court con- 
siders just and equitable under the circumstances. R.S.O. 
1970, c. 53, s. 20. 



By-laws 



By-laws and Resolutions 

20. — (1) The directors may pass by-laws not contrary to 
this Act or to the articles to regulate, 



(a) the allotment and issue of shares, the payment 
thereof, the issue of share certificates, and the trans- 
fer and the registration of transfers of shares; 

{b) the declaration and payment of dividends ; 

(c) the qualification and remuneration of the directors; 

{d) the time for and the manner of election of directors ; 

{e) the appointment, remuneration, functions, duties 
and removal of agents, officers and employees of the 
corporation and the security, if any, to be given by 
them to it ; 



(/) the time and place and the notice to be given for 
the holding of meetings of shareholders and of the 
board of directors, the quorum at meetings of share- 
holders, the requirements as to proxies, and the 
procedure in all things at shareholders' meetings 
and at meetings of the board of directors ; 



Sec. 22 (2) BUSINESS CORPORATIONS Chap. 54 417 

(g) the conduct in all other particulars of the affairs 
of the corporation. 

(2) Subject to section 21, a by-law passed under sub- *^°°*™»»"o° 
section (1) and a repeal, amendment or re-enactment thereof 

is effective from the time of its passing if it is confirmed, 
with or without variation, at a general meeting of the share- 
holders duly called for that purpose or at the next annual 
meeting of the shareholders, whichever is held first. 

(3) The shareholders may, at the general meeting or the p°^®jJ^ 
annual meeting mentioned in subsection (2), confirm, reject, flrmation 
amend or otherwise deal with any by-law passed by the 
directors and submitted to the meeting for confirmation, 

but no act done or right acquired under any such by-law 
is prejudicially affected by any such rejection, amendment 
or other dealing. 

(4) Where a by-law or repeal, amendment or re-enactment Rejection 
thereof is not confirmed at a meeting as required by sub- 
section (2), it has effect from the time of its passing until the 
meeting but not thereafter, and no subsequent by-law, 
repeal, amendment or re-enactment of the same or similar 
substance has any effect until it is confirmed at a general 
meeting of the shareholders duly called for that purpose. 
R.S.O. 1970, c. 53, s. 21. 



21. — (1) A by-law relating to the remuneration of a ^™^era- 
director as director shall fix the remuneration and the period directors 
for which it is to be paid. 

(2) A by-law passed under subsection (1) is not effective confirma- 
until it is confirmed at a general meeting of the shareholders 
duly caUed for that purpose. R.S.O. 1970, c. 53, s. 22. 

22. — (1) Any by-law or resolution consented to at any ^fj^f<^*^ 
time during a corporation's existence by the signatures of 
all the directors is as valid and effective as if passed at a 
meeting of the directors duly called, constituted and held 
for that purpose. 

(2) Any resolution consented to at any time during a i^«™ 
corporation's existence by the signatures of all the shareholders 
entitled to vote at a meeting of shareholders is as valid 
and effective as if passed at a meeting of the shareholders 
duly called, constituted and held for that purpose. 



418 



Alternative 
method of 
confirming 
by-laws 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 22 (3) 



(3) Any by-law or resolution passed by the directors at 
any time during a corporation's existence may, in lieu of con- 
firmation at a general meeting of shareholders, be confirmed 
in writing by all the shareholders entitled to vote at such 
meeting. R.S.O. 1970, c. 53, s. 23 (1-3). 



Idem 



(4) Any by-law, resolution or other action of a cor- 
poration that has only one shareholder consented to at 
any time during a corporation's existence by the signa- 
ture of such shareholder is as valid and effective as if passed 
at a meeting of shareholders duly called, constituted and 
held for that purpose. 



Evidentiary 
value of 
signatures 



(5) Where a by-law, resolution or other action purports 
to have been consented to or confirmed under this section 
by the signatures of all the directors or shareholders, as 
the case may be, of the corporation, the signatures to the 
by-law, resolution or other action are admissible in evidence 
as prima' facie proof of the signatures of the directors or 
shareholders, as the case may be, that they purport to re- 
present and are admissible in evidence as prima facie proof 
that the signatories to the by-law, resolution or other 
action were all the directors or all the shareholders entitled 
to vote at meetings of shareholders, as the case may be, 
at the date that the by-law, resolution or other action 
purports so to have been consented to or confirmed. 
1971, c. 26, s. 3. 



SHARES 

Authorized Capital 

A^uthorized 23. — (1) The authorized capital of a corporation shall be 

divided into shares with par value or without par value 
or both and may consist of shares of more than one class. 



Par shares 



(2) Where all the shares of a corporation are with par 
value, its authorized capital shall be expressed in Canadian 
or other currency in its articles, or partly in one currency 
and partly in another, and is an amount equal to the total 
of the products of the number of shares of each class 
multiplied by the par value thereof. 



No par 
shares 



(3) Where all the shares of a corporation are without 
par value, its authorized capital shall be expressed in its 
articles as a specified number of shares. 



Sec. 25 (3) BUSINESS CORPORATIONS Chap. 54 419 

(4) Where part of the shares of a corporation are with ^°^*^^ 
par value and part are without par value, its authorized shares 
capital shall be expressed in its articles as a specified 
number of shares of each class of shares having a specified 
par value and a specified number of shares of each class of 
shares without par value. R.S.O. 1970, c. 53, s. 24. 



24. Where all the shares of a corporation are without par considera- 

1 , /• • , -1 11 tlonforno 

value or where part of its shares are with par value and part are par shares 
without par value, the articles may provide, 



(a) that each share without par value shall not be 
issued for a consideration ; or 

(b) the shares of each class of shares without par 
value shall not be issued for an aggregate con- 
sideration, 

exceeding in amount or value a stated amount in Canadian 
or other currency, and the articles may provide, in addition, 
that such share or shares may be issued for such greater 
amount as the board of directors of the corporation by 
resolution determines. R.S.O, 1970, c. 53, s. 25 (1). 



25. — (1) The common shares of a corporation shall be ^^^°° 
shares to which there is attached no preference, right, 
condition, restriction, limitation or prohibition set out in 
the articles of the corporation, other than a restriction 
on the allotment, issue or transfer. R.S.O. 1970, c. 53, 
s. 26 (1). 



(2) Except as provided in subsection 36 (1), where a corporation Classes 
has one class of shares, that class shall be common shares and 
designated as provided in the articles. R.S.O. 1970, c. 53, s. 26 
(2); 1972, c. 138, s. 8 (1). 



(3) Except as provided in subsection 36(1), where a corporation idem 
has more than one class of shares, one class shall be common 
shares, designated as provided in the articles, and the other shares 
shall be special shares and may consist of one or more classes of 
special shares and shall have attached thereto the designations, 
preferences, rights, conditions, restrictions, limitations or pro- 
hibitions set out in the articles. R.S.O. 1970, c. 53, s. 26 (3); 
1972, c. 138, s. 8(2). 



420 Chap. 54 business corporations Sec. 25 (4) 

Preference (4) Nq class of Special shares shall be designated as pre- 

ference shares or by words of like import, unless that class 
has attached thereto a preference or right over the com- 
mon shares. R.S.O. 1970, c. 53, s. 26 (4). 



sfares^ 26. — (1) Each class of special shares may have attached 

to it preferences, rights, conditions, restrictions, limitations 
or prohibitions, including but not limited to, 



the right to cumulative, non-cumulative or partially 
cumulative dividends; 



{b) a preference over any other class or classes of shares 
as to the payment of dividends ; 

(c) a preference over any other class or classes of shares 
as to repayment of capital upon the dissolution 
of the corporation or otherwise; 

{d) the exclusive right to elect part of the board of 
directors ; 

(e) the right to convert the shares of that class into 
shares of another class or classes of shares ; 

(/) the right of the corporation at its option to redeem 
all or part of the shares of the class or the right of a 
shareholder at his option to require the redemption 
of all or part of his shares of the class ; 

ig) the purchase for cancellation by the corporation 
of all or part of the shares of that class by agree- 
ment with the holders thereof; 

{h) conditions, restrictions, limitations or prohibitions 
on the right to vote at meetings of shareholders. 
R.S.O. 1970, c. 53, s. 27 (1); 1971, c. 26, s. 5; 
1972, c. 138, s. 9. 



Valuation (2) Any provision in the articles under clause (1) (c) or (/) shall 

set out the method by which the amount to be paid in respect of 
each share of the class is to be determined. R.S.O. 1970, c. 53, 
s. 27 (2). 



Sec. 29 (2) (6) business corporations Chap. 54 421 

27. Except as provided in section 28, each share of a JiPshares 
class shall be the same in all respects as every other share of a class 
of that class. R.S.O. 1970. c. 53, s. 28. 



28. — (1) The articles of a corporation may authorize the f^^in 
issue from time to time in one or more series of the special ^^^^ 
shares of a class and may authorize the directors to fix from 
time to time before such issue the designation, preferences, 
rights, conditions, restrictions, limitations or prohibitions 
attaching to the shares of each series of the class. 

(2) The shares of all series of the same class of special y°^°^ 
shares shall carry the same voting rights or the same re- 
strictions, conditions, limitations or prohibitions on the 
right to vote. 



(3) Where any dividends or amounts payable on a ^°^^ 
repayment of capital are not paid in full, the shares of all abatement 
series of the same class of special shares shall participate 
rateably in respect of such dividends, including accumu- 
lations, if any, in accordance with the sums that would be 
payable on such shares if all such dividends were declared 
and paid in full, and on any repayment of capital in 
accordance with the sums that would be payable on such 
repayment of capital if all sums so payable were paid in 
full. R.S.O. 1970, c. 53, s. 29. 



29. — (1) The articles may set forth the designation, pre- ^r°fljlt°° 
ferences, rights, conditions, restrictions, limitations and series in 

&I*l1c16S 

prohibitions attaching to the first series to be issued in 
which case the special shares of the first series may be 
issued in accordance with the articles. 



(2) A series, other than one to which subsection (1) applies, shall ^fg'^Qe°'" 
not be issued until, of series 



(a) the directors have by resolution fixed the designa- 
tion, preferences, rights, conditions, restrictions, 
limitations and prohibitions attaching to the special 
shares of the series ; and 



ib) the statement referred to in section 30 has been 
filed with the Minister and the certificate of the 



422 



Chap. 54 



BUSINESS CORPORATIONS 



Sec; 29 (2) (b) 



Minister has been issued under section 30. R.S.O. 
1970, c. 53, s. 30. 



Filing of 
statement 



30. — (1) For the purpose of bringing a resolution passed 
by the directors under subsection 29 (2) into effect, the corporation 
shall deliver to the Minister, within six months after the resolution 
has been passed, a statement in duplicate executed under the seal 
of the corporation and signed by two officers, or by one director 
and one officer, of the corporation setting out, 



Issuance of 
certificate 



(a) the name of the corporation ; 

(b) a certified copy of the resolution; 

(c) that the resolution was duly passed by the directors ; 

(d) the date of the passing of the resolution ; and 

{e) that the conditions, if any, contained in the articles 
or in any prior resolution precedent to the creation 
and issue of the shares of the series have been 
complied with. 

(2) Upon receiving duplicate original statements executed 
in accordance with this Act and the prescribed fee, the 
Minister shall, 

{a) endorse on each of the duplicate original statements 
a certificate setting out the day, month and year of 
endorsement and the corporation number; 

(6) file one of the duplicate originals in his office ; and 

(c) return to the corporation or its agents the other 
duplicate original. 



Effect of 
certificate 



(3) Upon the date set out in the certificate endorsed in accord- 
ance with subsection (2), the resolution referred to in subsection 29 
(2) becomes effective and constitutes an amendment to the 
articles. 1979, c. 36, s. 11. 

Issued Capital 



Issued 

capital : 
par value 
shares 



31. — (1) Where all the shares of a corporation are with 
par value, its issued capital share be expressed in Canadian 



Sec. 33 (1) BUSINESS CORPORATIONS Chap. 54 423 

or other currency, or partly in one currency and partly in 
another, and is an amount equal to the total of the products 
of the number of issued shares of each class multiplied by the 
par value thereof less such decreases in the issued capital 
as from time to time have been effected by the cor- 
poration in accordance with this Act. 

(2) Where the shares of a corporation are without par ^^^^^J^® 
value or where part of its shares are with par value and part 
are without par value, its issued capital shall be expressed 
in Canadian or other currency, or partly in one currency 
and partly in another, and is an amount equal to the total 
of the products of the number of issued shares of each 
class with par value multiplied by the par value thereof, 
together with the amount of the consideration for which 
the shares without par value from time to time outstanding 
were issued and together with such amounts as from time 
to time by by-law of the corporation may be trans- 
ferred thereto and less such decreases in the issued capital 
as from time to time have been effected by the corporation 
in accordance with this Act. R.S.O. 1970, c. 53, s. 32. 

32. — (1) Where an issued share of a class with par value ^i^^(^*' 
is cancelled, the issued capital is decreased by an amount par share 
equal to the par value of the shares of that class. 

(2) Where an issued share of a class without par value ^yJ^J^ 
is cancelled, the issued capital is decreased by an amount 
equal to the amount obtained by dividing, 



by 



(a) that part of the issued capital attributable to that 
class of shares in accordance with subsection 31 (2); 



(b) the number of issued shares of that class. 



(3) Where a fraction of an issued share of a class is ofS^*°° 
cancelled, the issued capital is decreased by an amount that 
bears the same proportion to the amount determined under 
subsection (1) or (2), as the case may be, that the fraction 
bears to a whole share of that class. R.S.O. 1970, c. 53, s. 33. 



Redemption, Purchase, Conversion and Surrender 

33. — (1) Where the shares of a class of special shares are ^^^^°° 
made redeemable at the option of the corporation by the shares 



424 Chap. 54 business corporations Sec. 33 (1) 

articles and part only of the special shares are to be 
redeemed, the shares to be redeemed shall be selected, 

(a) by lot in such manner as the board of directors 
determines ; 

(6) as nearly as may be in proportion to the number 
of special shares of the class registered in the 
name of each shareholder ; or 



(c) in such other manner as the board of directors 
determines with the consent of the holders of 
special shares of the class obtained in the manner 
set out in subsection (2), 

but the articles may confine the manner of selection to 
one or more of those methods set out in clauses (a), (b) and 
(c). 1971, c. 26, s. 6; 1972, c. 138, s. 10. 



Mem (2) Where shares of a class of special shares are selected 

in the manner referred to in clause (1) (c), the selection shall 
be consented to in writing by. 



(a) all the holders of the special shares of the class; or 

(b) at least 95 per cent of the holders of the special 
shares of the class holding at least 95 per cent of 
the issued shares of that class if, after twenty- 
one days notice has been given by sending notice to 
each of the holders of shares of that class addressed 
to him at his latest address as shown on the 
records of the corporation, none of the holders of 
shares of that class dissents in writing to the 
corporation. 

Mem (3) Where a holder of redeemable special shares of a 

corporation that is not offering its securities to the public 
dies or leaves its employment, notwithstanding subsection 
(1), it may within one year of such event redeem all or any 
of the special shares held by him. R.S.O. 1970, c. 53, 
s. 34 (2, 3). 



Purchase 34. — (1) Where the shares of a class of special shares 

of special 

shares for are made purchasable for cancellation by the articles, then, 

cancellation 



Sec. 35 (3) BUSINESS corporations Chap. 54 425 

(a) the shares shall be purchased at the lowest price 
at which, in the opinion of the directors, the shares 
are obtainable, but not exceeding an amount stated in 
or determined by the articles ; and 

(b) the shares shall be purchased either, 

(i) on the open market, 

(ii) with the consent of all the holders of the 
shares of the class, or 

(iii) pursuant to tenders received by the cor- 
poration upon request for tenders addressed 
to all the holders of the shares of the class 
and the corporation shall accept only the 
lowest tenders, 

but the articles may confine the manner of pur- 
chase to one or more of those set out in subclauses 
(i), (ii) and (iii). 1971, c. 26, s. 7. 

(2) Where, in response to the invitation for tenders, Mem 
two or more shareholders submit tenders at the same price 
and the tenders are accepted by the corporation as to part 
only of the shares offered, the corporation shall accept part 
of the shares offered in each tender in proportion as nearly 
as may be to the total number of shares offered in each 
tender. R.S.O. 1970, c. 53, s. 35 (2). 

35. — (1) The articles of a corporation shall not provide conversion: 

., ,. 1-1 of par 

for the conversion of shares with par value into shares with shares to 
par value if the aggregate par value of the shares being con- 
verted is not equal to the aggregate par value of the shares 
into which they are converted. 

(2) Where, in accordance with the articles, shares with par shares 

\ ' ' to no par 

par value are converted into shares without par value, the shares 
issued capital of the corporation attributable to the shares 
resulting from the conversion shall be equal to the aggre- 
gate par value of the shares converted. 



(3) Where the articles provide for the conversion of shares g^sS^to 
without par value into shares with par value, no such share par shares 
shall be converted unless that part of the issued capital 



426 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 35 (3) 



attributable to the shares being converted is equal to the 
aggregate par value of the shares resulting from the 
conversion. 



no par 
shares to 
no par 
Bhares 



(4) Where, in accordance with the articles, shares without 
par value are converted into shares without par value, the 
issued capital shall remain unchanged. 



of special 
shares 



(5) Where special shares of a class are converted into the 
same or another number of shares of another class or 
classes, whether special or common, the shares converted 
thereupon become the same in all respects as the shares 
of the class or classes respectively into which they are 
converted, and the number of shares of each class affected 
by the conversion is changed and the articles are amended 
accordingly. R.S.O. 1970, c. 53, s. 36. 



Mutual 
fund shares 



36. — (1) Where the only undertaking of a corporation is 
the business of investing the funds of the corporation, its 
articles may provide for the issuing of one or more classes 
of special shares that are mutual fund shares and fractions 
or parts thereof that have attached thereto conditions 
requiring the corporation to accept, at the demand of the 
holder thereof and at prices determined and payable in 
accordance with the conditions, the surrender of the shares, or 
fractions or parts thereof, and where a corporation to which 
this section applies has one or more classes of mutual fund 
shares of which one class has attached thereto no con- 
ditions, restrictions, limitations or prohibitions on the right 
to vote, the corporation is not required to have any other 
class of shares. 1972, c. 138, s. 11. 



Conditions 
and price 



(2) Articles that provide for the issuing of mutual fund 
shares shall set out the conditions governing. 



{a) the surrender of mutual fund shares or any fractions 
or parts thereof; and 

{b) the determination of the price to be paid therefor 
and the manner and time of payment thereof. 
R.S.O. 1970, c. 53, s. 37 (2). 



purcha8?or°' ^'^ ' — ^^^ ^ corporation shall not redeem or purchase 
surrender special shares or accept mutual fund shares for surrender 
insolvent if the corporation is insolvent or if the redemption, pur- 
chase or surrender would render the corporation insolvent. 



Sec. 38 (6) BUSINESS CORPORATIONS Chap. 54 427 

(2) Special shares that are redeemed or purchased by a Cancellation 
corporation are thereby cancelled, and the authorized and redemption, 

DUXC1IAS6 or 

issued capital of the corporation are thereby decreased and surrender 
the articles are amended accordingly. R.S.O. 1970, c. 53, 
s. 3S (1, 2). 



38. — (1) A corporation may purchase any of its issued ^^^®°' 
shares if the purchase is made for the purpose of eliminating shares 
fractions of shares or for the purpose of collecting or com- 
promising indebtedness to the corporation. 

(2) Where authorized in its articles, and subject to any wem 
restrictions contained therein, a corporation may purchase 
any of its issued common shares. 

(3) A corporation shall not purchase shares under this i^^®™ 
section if the corporation is insolvent or if the purchase 
would render the corporation insolvent. 



(4) No purchase of shares shall be made under this section Mem 
by a corporation unless the purchase is authorized by a 
resolution of the board of directors. 



(5) Where a corporation purchases shares under subsection 5^^°' 
(2), the purchase shall be made at the lowest price at which, 
in the opinion of the directors, such shares are obtainable, 
and. 



(a) pursuant to tenders received by the corporation 
upon request for tenders addressed to all the 
holders of the shares of the class and the cor- 
poration shall accept only the lowest tenders; or 

{b) from bona fide full-time employees and former 
employees of the corporation ; or 

(c) where the shares to be purchased are of a body 
corporate that is offering its shares to the public, 
by purchase on the open market. 



(6) Where, in response to the invitation for tenders, two wem 
or more shareholders submit tenders at the same price 
and the tenders are accepted by the corporation as to part 



428 Chap. 54 business corporations Sec. 38 (6) 

only of the shares offered, the corporation shall accept 
part of the shares offered in each tender in proportion as- 
nearly as may be to the total number of shares offered in 
each tender. 1972, c. 138, s. 13. 



onDurchase" ^^* — ^^^ Shares or fractions thereof purchased under subsec- 
tion 38 (1) are thereby cancelled and the authorized and issued 
capital are thereby decreased and the articles are amended 
accordingly. 



Cancellation (2) Where its issued common shares are purchased by a cor- 
poration under subsection 38 (2), where mutual fund shares are 
accepted for surrender by a corporation under section 36, where a 
corporation accepts the donation of any of its shares under section 
41, or where a corporation purchases the shares of a dissenting 
shareholder under section 98, 



{a) if the articles so require, the shares shall be can- 
celled and thereupon the authorized and issued 
capital of the corporation are thereby decreased, 
and the articles are amended accordingly; 



(6) if the articles do not require the shares to be 
cancelled. 



(i) the board of directors may cancel the shares 
at such time as it determines, in which case 
the authorized and issued capital of the 
corporation are thereby decreased and the 
articles are amended accordingly, or 

(ii) the board of directors may resell the shares 
at such time and price and on such terms as it 
determines. 1972, c. 138, s. 14, part. 



Performance 40. An agreement for the purchase by a corporation of its 
to purchTle'^* shares under section 38 is not invalid or unenforceable because of 

the possibility that the corporation may not be able to comply with 

section 38, but such agreement is. 



shares 



(a) subject to subsection 133 (2), valid if performed; and 



Sec. 43 (1) BUSINESS CORPORATIONS Chap. 54 429 

(6) if not performed, valid and enforceable to the 
extent the corporation is able to purchase its 
shares at the time for performance. 1972, c. 138, 
s. 14, part. 

4 1 . A corporation may accept from any shareholder a dona- o f°8^^^ 
tion of any of its shares without any repayment of capital in respect 
thereof. R.S.O. 1970, c. 53, s. 43 (1). 



Allotment, Issue and Transfer 



42. — (1) In the absence of a provision to the contrary ^^®°f 
in the articles or by-laws of the corporation, shares may be 
allotted and issued at such times and in such manner and 
to such persons or class of persons as the directors determine. 

(2) Shares with par value shall not be allotted or issued ponsidera- 

c -1 ■ , ,1 1 tionfor 

except for a consideration at least equal to the product par shares 
of the number of shares allotted or issued multiplied by 
the par value thereof. 

(3) Subject to section 24, shares without par value shall tkm^forn*' 
not be allotted or issued except for such consideration as par shares 
is fixed by the directors. 

(4) No share shall be issued until it is fully paid and a f^ares^** 
share is not fully paid until all the consideration therefor 

in cash, prof)erty or services, as determined under this 
section, has been received by the corporation. R.S.O. 
1970, c. 53. s. 44 (1-4). 

(5) For the purposes of subsection (4) and paragraph 2 1 of w®™ 
subsection 14 (2), a document evidencing indebtedness of the 
allottee does not constitute property, and services shall be past 
services actually performed for the corporation, and the value of 
property or services shall be the value the directors determine by 
express resolution to be in all the circumstances of the transaction 

the fair equivalent of the cash value. 1971, c. 26, s. 10. 



43. — (1) A corporation may provide by special by-law for conmijssion 
the payment of commissions or allowing discounts to persons of shares 
in consideration of their subscribing or agreeing to subscribe, 
whether absolutely or conditionally, for shares in the cor- 
f)oration, or procuring or agreeing to procure subscriptions, 



430 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 43 (1) 



whether absolute or conditional, for such shares, but, except in 
the case of a corporation that carries on as its principal 
business the business of exploring for minerals, gas or oil 
or of operating a producing mining, gas or oil property 
owned and controlled by it or a corporation at least 75 
per cent of whose assets are of a wasting character, no such 
commission or discount shall exceed 25 per cent of the 
amount of the subscription price. 1971, c. 26, s. 11. 

unauthorized ^^^ Except as provided in subsection (1), no corporation 
commissions shall apply any of its shares or capital, either directly or 
indirectly, in payment of any commission, discount or al- 
lowance to any person in consideration of his subscribing or 
agreeing to subscribe, whether absolutely or conditionally, 
for shares of the corporation or procuring or agreeing to 
procure subscriptions, whether absolute or conditional, for 
such shares, whether the shares or capital is so applied by 
being added to the purchase money of any property acquired 
by the corporation or to the contract price of any work to be 
executed for the corporation, or is paid out of the nominal 
purchase money or contract price or otherwise. R.S.O. 1970, 
c. 53, s. 45 (2). 

perao^nai ^'^' ^^^ shares of a corporation are personal property. 

property R.S.O. 1970, C. 53, S. 46. 

ontransfe?^ 45. — (1) A corporation shall not impose restrictions on 
the transfer of shares except such restrictions as are 
authorized by the articles. 

offer'if^*^ (2) A corporation that has imposed restrictions on the 

restri^ct^ed transfer of its shares shall not offer its shares to the public 
unless the restrictions are necessary, 

{a) by or under any Act of Canada or Ontario as a 
condition to the obtaining, holding or renewal of 
authority to engage in any activity necessary to its 
undertaking; or 

{b) for the purpose of achieving or preserving its status 
as a Canadian corporation for the purpose of any 
Act of Canada or Ontario. 



hidebtedness ^^^ Except in the case of shares listed on a stock 
exchange recognized by the Commission, where the articles 
or by-laws so provide the corporation has a lien to the 
extent of the debt on the shares registered in the name of 
a shareholder who is indebted to the corporation. R.S.O. 
1970, c. 53. s. 47. 



Sec. 48 BUSINESS CORPORATIONS Chap. 54 431 

46. — (1) Except in the cases mentioned in this section,' subsidiaries 
a corporation shall not be a shareholder of a body cor- shares of 
porate that is its holding body corporate, and any allotment bodies* 
or transfer of shares of a corporation to its subsidiary js^^^^^'"*'^ 
void. 

(2) This section does not apply to a subsidiary holding ^pp^*°*"o° 
shares as personal representative unless the holding body 
corporate or a subsidiary thereof is beneficially interested 

under a trust and is not so interested only by way of 
security for the purposes of a transaction entered into by it 
in the ordinary course of a business that includes the lending 
of money. 

(3) This section does not prevent a subsidiary that on^*^®P*^°° 
the 30th day of April, 1954, held shares of its holding body 
corporate from continuing to hold such shares, but, subject 

to subsection (2), the subsidiary has no right to vote at 
meetings of shareholders of the holding body corporate or 
at meetings of any class of shareholders thereof. 

(4) Subject to subsection (2), subsections (1) and (3) apply Nominees 
in relation to a nominee for a corporation that is a sub- 
sidiary as if the references in subsections (1) and (3) to such 

a corporation included references to a nominee for it. 1971, 
c. 26, s. 12. 

Share Certificates 

47. — (1) Every shareholder is entitled to a share certificate sh^are^^^ 
in respect of the shares held by him, signed by the prof)er 
officers in accordance with the corporation's by-laws in 
that regard, but the corporation is not bound to issue more 
than one share certificate in respect of a share or shares 
held jointly by several persons, and delivery of a share 
certificate to one of several joint shareholders is sufficient 
delivery to all. 

(2) A corporation may charge a fee of not more thankee 
$1 for every share certificate issued, except that, in the case 
of the allotment and issue of shares, no fee shall be 
charged. R.S.O. 1970, c. 53. s. 49. 

48. A share certificate shall be signed manually by at least si|ning 
one officer of the corporation or by or on behalf of a trans- certificates 
fer agent or branch transfer agent of the corporation, and the 
corporation may by by-law provide that any additional 
signatures required on share certificates may be printed, 
engraved, lithographed or otherwise mechanically repro- 



432 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 48 



Contents 
of share 
certificates 



duced thereon, and in such event share certificates so 
signed are as valid as if they had been signed manually. 
R.S.O. 1970, c. 53, s. 50. 

49. — (1) Every share certificate shall state upon its face, 

(a) the name of the corporation and the words "In- 
corporated under the law of the Province of 
Ontario" or words of like effect; 

(b) the name of the person to whom the share is issued 
as holder ; and 

(c) the number and class of shares represented thereby 
and whether the shares are with par value or 
without par value and, if with par value, the par 
value thereof. 



on*^are°*^ (2) A share certificate issued for a share of a class of 
certificates special shares shall, 

{a) legibly state on the certificate or have attached 
thereto a legible statement of the preferences, 
rights, conditions, restrictions, prohibitions or limita- 
tions attaching to that class of shares; or 

{b) legibly state on the certificate that there are pref- 
erences, rights, conditions, restrictions, prohibitions 
or limitations attaching to that class and that a 
copy of the full text thereof is obtainable on 
demand and without fee from the corporation. 



Production (3) Where a share certificate contains a statement as provided 

preferences, in clause (2) (6), the Corporation shall furnish to the shareholder 

on demand without fee a copy of the full text of the preferences, 

rights, conditions, restrictions, prohibitions and limitations 

attaching to the share. 



Lien on 
shares 



(4) Where the articles or by-laws provide that a corporation has 
a lien on shares as authorized by subsection 45 (3), the right of the 
corporation to the lien shall be noted conspicuously on every share 
certificate issued by the corporation. R.S.O. 1970, c. 53, s. 51 
(1-4). 



Transfer (5) A share certificate issued for one or more shares the 

restricted ^ ' ... 

transfer of which is restricted in accordance* with the articles 
shall. 



Sec. 51 (2) (a) business corporations Chap. 54 433 

{a) legibly state on the certificate or have attached 
thereto a legible statement of the restrictions on 
the right to transfer the shares; or 

{b) legibly state on the certificate that there are re- 
strictions on the right to transfer the shares and 
that a copy of the full text thereof is obtainable on 
demand and without fee from the corporation. 

(6) Where a share certificate contains a statement as pro-wem 
vided in clause (5) (b), the corporation shall furnish to the share- 
holder on demand without fee a copy of the full text of the 
restrictions on the right to transfer the shares. 1971, c. 26, s. 13. 

50. Where, as a result of a change in the authorized: Fractional 
capital of a corporation, a person becomes entitled to a 
fraction of a share, he is not entitled to be registered on the 
records of the corporation in respect thereof or to receive a 
share certificate therefor, but he is entitled to receive a 
bearer fractional certificate in respect of such fraction, and, 
on presentation at the head office of the corporation or at 
a place designated by the corporation of bearer fractional 
certificates for fractions that together represent a whole 
share, a share certificate for a whole share shall be issued in 
exchange therefor, and sections 61 to 95 apply thereto. 
R.S.O. 1970, c. 53, s. 52. 



BORROWING 

51. — (1) When authorized by special by-law, the directors J°^^o^i°^ 
may, 

{a) borrow money on the credit of the corporation; or 

(b) issue, sell or pledge debt obligations of the corpora- 
tion; or 

(c) charge, mortgage, hypothecate or pledge all or 
any currently owned or subsequently acquired real 
or personal, movable or immovable property of the 
corporation, including book debts, rights, powers, 
franchises and undertaking, to secure any debt 
obligations or any money borrowed, or other debt 
or liability of the corporation. 

(2) Any by-law referred to in subsection (1) may, nf°hv!iaw 



of by-law 



(a) limit the amount to be borrowed as determined 
by the by-law; and 



434 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 51 (2) (6) 



{b) provide for the delegation by the directors of the 
powers conferred on them under the by-law to such 
directors or officers of the corporation and to such 
extent and manner as is set out in the by-law. 
R.S.O. 1970, c. 53, s. 53. 

?bfig1itfons ^2. Nothing in this Act prohibits the issue of debt 
obligations in bearer form. R.S.O. 1970, c. 53, s. 54. 



Irredeem- 
able debt 
obligration 



53. A condition contained in a debt obligation or in an 
instrument for securing a debt obligation is not invalid by 
reason only that the debt obligation is thereby made 
irredeemable or redeemable only on the happening of a 
contingency, however remote, or on the expiration of a 
period, however long. R.S.O. 1970, c. 53, s. 55. 



Filing debt 
obligations 



54. — (1) Where a corporation makes a charge, mortgage 
or other instrument of hypothecation or pledge to secure 
its debt obligations, the corporation shall, forthwith after 
the making thereof, file a duplicate original or certified copy 
of the instrument in the office of the Minister, but such 
filing may be made by any interested person. 



Recovery 
of fee 



(2) Where the filing is by an interested person under 
subsection (1), that person is entitled to recover from the cor- 
poration the amount of any prescribed fee paid by him 
on such filing. R.S.O. 1970, c. 53, s. 56 (1, 2). 



Exception (3^ Subsection (1) does not apply to an instrument filed 

or registered under any other Act. 1971, c. 26, s. 14. 



Interpre- 
tation 



Indenture Trustees 
55. — (1) In this section and in sections 56 to 60, 

(a) "trust indenture" means any deed, indenture or 
document howsoever designated, including any sup- 
plement or amendment thereto, by the terms of 
which a body corporate issues or guarantees debt 
obligations and in which a trustee is appointed as 
trustee for the holders of the debt obligations issued 
or guaranteed thereunder; 

(b) "trustee" means any jjerson appointed as trustee 
under the terms of a trust indenture, whether or not 
the person is a trust company authorized to carry 
on business in Ontario; 



(c) "event of default" means any event specified in 
a trust indenture on the occurrence of which, 



Sec. 57 BUSINESS corporations Chap. 54 435 

(i) the security interest, if any, constituted by the 
trust indenture shall become enforceable, or 

(ii) the principal, interest and other moneys 
payable thereunder shall become or may be 
declared to be payable prior to maturity, 

provided that any such event shall not be an event 
of default unless all conditions prescribed by the 
trust indenture in connection with such event for 
the giving of notice or the lapse of time or otherwise 
has been satisfied. 1972, c. 138, s. 16, part. 

(2) This section and sections 56 to 60 apply to a trust indenture, Y^''T6^to 6o 
whether entered into before or after the date on which this Act 

comes into force, if, in respect of any of the debt obligations 
outstanding or guaranteed thereunder or to be issued or guaran- 
teed thereunder, a prospectus or securities exchange take-over bid 
circular has been filed under the 5ecwn7ie5/lcf, or any predecessor ^^.^ ^^^' 
thereof or in respect of which a prospectus has been filed under The 
Corporations Information Act, being chapter 72 of the Revised 
Statutes of Ontario, 1960, or any predecessor thereof. 1972, 
c. 138, s. 16, part; 1978, c. 49, s. 3. 

(3) The person appointed as trustee under a trust inden- SS?ee°*^ 
ture, or at least one of such persons if more than one is so 
appointed, shall be resident or authorized to do business in 
Ontario. 1972, c. 138, s. 16, part. 

56. — (1) In the exercise of the rights and duties pre- ^g^^/g 
scribed or conferred by the terms of a trust indenture, a 
trustee shall exercise that degree of care, diligence and skill 
that a reasonably prudent trustee would exercise in com- 
parable circumstances. 

(2) The provisions of this section apply notwithstanding ^^^^^^"^ 
any provision in a trust indenture, including any provision 
relieving or purporting to relieve a trustee from liability for 
his own negligent action or failure to act or his own wilful 
misconduct. 1972, c. 138, s. 17, part. 

57. A person shall not be appointed a trustee under aJ]o^^*o' 
trust indenture if a material conflict of interest exists in 
the trustee's role as a fiduciary thereunder at the time of 
such appointment, but if, notwithstanding the provisions 
of this section, such a material conflict of interest exists, 
the validity and enforceability of the said trust indenture, 
the security interest created thereby and thereunder and 
the securities issued thereunder shall not be affected in any 
manner whatsoever by reason only that such material conflict 



436 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 57 



Evidence of 
compliance 



of interest exists but such trustee shall, within ninety days 
after ascertaining that he has such material conflict of 
interest, either eliminate such material conflict of interest or 
resign from office, and where a material conflict of interest 
arises subsequently to the appointment of the trustee under 
a trust indenture, the trustee shall, within ninety days 
after ascertaining that he has such material conflict of 
interest, either eliminate such material conflict of interest or 
resign from office. 1972, c. 138, s. 17, part. 

58. — (1) The issuer or guarantor of debt obligations 
issued or to be issued under a trust indenture shall furnish 
to the trustee evidence of compliance with the conditions 
precedent provided for in the trust indenture relating to, 

(a) the certification and delivery of debt obligations 
under the trust indenture; 

{b) the release or release and substitution of prop- 
erty subject to any mortgage, charge, lien or other 
encumbrance created by the trust indenture; 

(c) the satisfaction and discharge of the trust indenture ; 
or 

{d) the taking of any other action to be taken by the 
trustee at the request of or on the application of the 
issuer or guarantor. 



Idem 



(2) The evidence of compliance required under subsection 
(1) shall consist of. 



{a) a statutory declaration or a certificate made by 
any officer of the issuer or guarantor stating that 
such conditions precedent have been complied with 
in accordance with the terms of the trust indenture ; 

[h) in the case of conditions precedent compliance 
with which are, by the trust indenture, made sub- 
ject to review or examination by a solicitor, an 
opinion of a solicitor that such conditions precedent 
have been complied with in accordance with the 
terms of the trust indenture; and 



(c) in the case of conditions precedent compliance with 
which are, by the trust indenture, made subject 
to review or examination by auditors or account- 
ants, an opinion or report of the auditor of the 
issuer or guarantor or any accountant licensed under 



Sec. 58 (5) BUSINESS CORPORATIONS Chap. 54 437 

the Public Accountancy Act or comparable legis- ^■^■^- *'*°' 
lation of the jurisdiction in which such accountant 
practises, in each case approved by the trustee, that 
such conditions precedent have been comphed with 
in accordance with the terms of the trust in- 
denture. 

(3) The evidence of compliance required under subsection wem 
(1) shall include, 

{a) a statement by the person giving the evidence 
that he has read and is familiar with those pro- 
visions of the trust indenture relating to the con- 
ditions precedent with respect to compliance with 
which such evidence is being given ; 

{b) a brief statement of the nature and scope of the 
examination or investigation upon which the state- 
ments or opinions contained in such evidence are 
based ; 

(c) a statement that, in the belief of the person 
giving such evidence, he has made such examina- 
tion or investigation as is necessary to enable him 
to make the statements or give the opinions con- 
tained or expressed therein ; and 

{d) a statement whether in the opinion of such person 
the conditions precedent with respect to compliance 
with which such evidence is being given have 
been complied with or satisfied. 

(4) The issuer or guarantor of debt obligations under p^^^J^** °^ 
the trust indenture shall furnish the trustee annually, and gruarantor 
at any other reasonable time if the trustee so requires, its 
certificate that the issuer or guarantor has complied with all 
covenants, conditions or other requirements contained in 

the trust indenture, the non-compliance with which would, 
with the giving of notice or the lapse of time, or both, or 
otherwise, constitute an event of default thereunder, or if 
such is not the case, specifying the covenant, condition or 
other requirement that has not been complied with and giving 
particulars of such non-compliance. 

(5) The issuer or guarantor of debt obligations under ^^^^^°l 
the trust indenture shall, whenever the trustee so requires, 
furnish the trustee with evidence by way of statutory 
declaration, opinion, report or certificate as specified by the 
trustee as to any action or step required or permitted to be 

taken by the issuer or guarantor under the trust indenture or 
as a result of any obligation imposed by the trust indenture. 



438 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 58 (6) 



opinions °° (6) In the exercise of his rights and duties, the trustee 
may, if he is acting in good faith, rely, as to the truth of 
the statements and the accuracy of the opinions expressed 
therein, upon a statutory declaration, opinion, report or 
certificate furnished to the trustee under this section or a 
provision of the trust indenture or at the request of the trustee 
where, 

(a) in the case of a statutory declaration, opinion, report 
or certificate furnished under this section, the 
trustee exarnines the same and determines that it 
complies with the applicable requirements, if any, 
of this section ; or 

(6) in the case of a statutory declaration, opinion, 
report or certificate furnished pursuant to a provision 
of the trust indenture or at the request of the trustee, 
the trustee examines the same and determines that 
it complies with the applicable requirements, if 
any, of the trust indenture. 1972, c. 138, s. 17, pari. 



Trustee 
not to be 
receiver 



59. A trustee under a trust indenture and any related 
person to such trustee shall not be appointed a receiver 
or receiver and manager or liquidator of the assets or 
undertaking of the issuer or guarantor of the debt obliga- 
tions under the trust indenture. 1972, c. 138, s. 17, part. 



events of ^^- ^^^ trustee shall be required to give to the holders 

default of debt obligations issued under the trust indenture, within 

a reasonable time but not exceeding thirty days after the 
trustee becomes aware of the occurrence thereof, notice of 
every event of default arising under the trust indenture and 
continuing at the time the notice is given, unless the trustee 
in good faith determines that the withholding of such notice 
is in the best interests of the holders of the debt obligations 
and so advises the issuer in writing. 1972, c. 138, s. 17, part. 

INVESTMENT SECURITIES 



Interpre- 
tation 



General 
61. — (1) In this section and in sections 62 to 95, 

(a) "adverse claim" includes a claim that a transfer is 
or would be unauthorized or wrongful or that a 
particular adverse person is the owner of or has an 
interest in the security; 

(b) "appropriate person", when used to refer to a per- 
son endorsing a security, means. 



Sec. 61 (1) (e) business corporations Chap. 54 439 

(i) the person specified by the security or by 
special endorsement to be entitled to the 
security, 

(ii) where the person so specified is described as 
a trustee or other fiduciary but is no longer 
serving in that capacity and notwithstand- 
ing that a successor has been appointed or 
qualified, 

a. where only one person is so described, 
that person or his successor, or 

b. where more than one p)erson is so 
described, the remaining persons, 

(iii) where the person so specified is an individual 
and is without capacity to act by virtue of 
death, incompetence, minority or otherwise, 
his executor, administrator, committee, 
guardian or like fiduciary, 

(iv) where the security or endorsement specified 
more than one person as joint tenants or 
with right of survivorship and by reason of 
death, incompetence, minority or otherwise, 
vivors, 

(v) a person having the power to sign under the 
applicable law or controlling instrument, or 

(vi) to the extent any of the foregoing persons 
may act through an agent, his authorized 
agent ; 

(c) "bearer form" when applied to a security means a 
security that runs to bearer according to its 
terms and not by reason of any endorsement ; 

(d) "broker" means a person engaged for all or part of 
his time in the business of buying and selling 
securities, who holds registration as a broker or in a 
similar capacity under the Securities Act, or whoisrec-R so. i980, 
ognized for the purpose of sections 62 to 95 by the 
Commission as a broker, and who in the transaction 
concerned acts for or buys a security from or sells a 
security to a customer; 

(e) "clearing corporation" means a body corporate 
recognized as a clearing corporation by the Com- 
mission ; 



440 



Chap. 54 



BUSINESS CORPORATIONS SeC. 61 (1) (/) 



1980-81, 
c. 40 (Can.) 

R.S.O. 1980, 
c. 249 



(/) "custodian" means a bank to which the Bank Act 
(Canada) applies, a trust company registered under 
the Loan and Trust Corporations Act or such other 
body corporate as may be recognized by the Com- 
mission as a custodian and that is acting as custodian 
for a clearing corporation ; 



(g) "genuine" means free from forgery or counter- 
feiting; 

{h) "noted conspicuously" and "appearing conspicu- 
ously" means written in such a way that the person 
against whom words so noted or appearing are to 
operate ought reasonably to notice them ; 

(i) "proper form" means regular on its face with regard 
to all formal matters; 

{j) "registered form" when applied to a security means 
a security that is not in bearer form and that specifies 
a person entitled to the security or the rights it 
evidences ; 

{k) "security" means a document that evidences a 
security or that is a warrant; 

(/) "unauthorized", when used with reference to a 
signature or endorsement, means one made without 
actual, implied or apparent authority and includes 
a forgery. R.S.O. 1970, c. 53, s. 63 (1); 1971, c. 26, 
s. 16; 1972, c. 138, s. 18; 1978, c. 49, s. 4. 

Application (2) Sections 62 to 95 do not apply to a promissory note 

R s c 1970 or bill of exchange to which the Bills of Exchange Act (Canada) 
c B-s ' applies. R.S.O. 1970, c. 53, s. 63 (2). 



Issuer's 
liens 



62. A lien upon a security in favour of an issuer thereof 
is valid against a purchaser only if the right of the issuer to 
such lien is noted conspicuously on the security. R.S.O. 1970, 
c. 53, s. 64. 



Overissue ^3^ — ^j^ jjj ^jjjg section, "overissue" means the is.sue of 

securities in excess of the amount which the issuer has 
corporate power to issue. 



Idem 



(2) The provisions of this Act that validate a security 
or compel its issue or reissue do not apply to the extent 
that validation, issue or reissue would result in overissue, 
but, 



Sec. 65 (2) BUSINESS CORPORATIONS Chap. 54 441 

(a) if an identical security that does not constitute an 
overissue is reasonably available for purchase, the 
person entitled to issue or validation may compel 
the issuer to purchase and deliver such a security 
to him against surrender of the security, if any, that 
he holds ; or 

(6) if a security is not so available for purchase, the 
person entitled to issue or validation may recover 
from the issuer the price he or the last purchaser 
for value paid for it with interest from the date of 
his demand. R.S.O. 1970. c. 53, s. 65. 

64. In any action on a security, Evidence 

{a) imless specifically denied in the pleadings, each 
signature on the security or in a necessary endorse- 
ment is admitted ; 

(b) where the effectiveness of a signature is put in issue, 
the burden of establishing its effectiveness is on 
the party claiming under the signature, but the 
signature is prima facie proof that it is genuine 
and authorized ; 

(c) where signatures are admitted or established, produc- 
tion of the instrument entitles a holder to recover 
on it unless the defendant establishes a defence or 
a defect going to the validity of the security; and 

{d) after it is shown that a defence or defect exists, the 
plaintiff has the burden of establishing that he or 
some person under whom he claims is a person against 
whom the defence or defect is ineffective. R.S.O. 
1970, c. 53, s. 66. 



65. — (1) The vaHdity of a security and the rights andseiecuon 
duties with respect to registration of transfer of an issuer that 
is a corporation or a body corporate incorporated under 
the laws of Ontario are governed by this Act and the laws 
of Ontario. 

(2) The validity of a security and the rights and duties Mem 
with respect to registration of transfer of an issuer that is 
a body corporate other than a corporation or a body cor- 
porate incorporated under the laws of Ontario, are governed 
by the law, including the conflict of law rules, of the jurisdic- 
tion in which the body corporate was incorporated. R.S.O. 
1970, c. 53, s. 67. 



442 Chap. 54 business corporations Sec. 66 (1) 

franafer ®^* — ^^) Unless Otherwise agreed and subject to any 

applicable law or regulation respecting short sales, a person 
obligated to deliver securities may deliver any security of the 
specified issue in bearer form or registered in the name of the 
transferee or endorsed to him in blank or to bearer. R.S.O. 
1970, c. 53, s. 68 (1). 

Siyment° (^) Where the buyer fails to pay the price as it comes 

due under a contract of sale, the seller may recover the 
price, 

(a) of any security accepted by the buyer; and 

(6) of any security not accepted by the buyer if its 
resale would be unduly burdensome or there is no 
readily available market. R.S.O. 1970, c. 53, 
s. 68(2); 1972, c. 138, s. 19. 

Rights and Liabilities of Issuer, 
Registrar and Transfer Agent 

Issuer Qfj^ — (1) 'pjjg obligations and defences of an issuer apply 

to a body corporate that, 

(a) places or authorizes the placing of its name on a 
security, otherwise than as an authenticating trustee, 
registrar or transfer agent, to evidence that it 
represents a share, participation or other interest 
in its property or in an enterprise or to evidence its 
duty to perform an obligation evidenced by the 
security ; 

(b) directly or indirectly creates fractional interests in 
its rights or property which fractional interests are 
evidenced by securities; or 

(c) becomes responsible for or in place of any other 
person described as an issuer in this section. 

Guarantor ^2) The obligations and defences of an issuer apply to a 

guarantor of a security to the extent of his guaranty 
whether or not his obligation is noted on the security. 

ma^intaining (^) ^^^ person on whose behalf a register of transfers is 

transfer maintained is an issuer for the purposes of the registration 

of a transfer under sections 90 to 93. R.S.O. 1970, c. 53, s. 69. 



Notice of 68. — (1) A purchaser for value shall be deemed to have 

terms of . r i 

security notice of the terms of a security including those stated on 



Sec. 69 (2) BUSINESS CORPORATIONS Chap. 54 443 

the security and those made part of the security by reference 
to another instrument, indenture or document or to a 
statute, ordinance, rule, regulation, order or other written 
law to the extent that the terms so referred to do not con- 
flict with the stated terms, except that he shall be deemed 
not to have such notice of a defect going to the validity of 
the security even though the security expressly states that a 
person accepting it admits such notice. 



(2) Except as otherwise provided in the case of certain ^^l^^^^j. 
unauthorized signatures on issue, lack of genuineness of a 
security is a complete defence even against a purchaser for 
value and without notice. 

(3) All other defences of the issuer including non-delivery i^®™ 
and conditional delivery of the security are ineffective 
against a purchaser for value who has taken without notice 

of the particular defence. 

(4) Nothing in this section shall be construed to affective™ 
the right of a party to a "when, as and if issued" or a "when 
distributed" contract to cancel the contract in the event of 

a material change in the character of the security that is the 
subject of the contract or in the plan or arrangement under 
which such security is to be issued or distributed. R.S.O. 
1970, c. 53. s. 70. 



69. — (1) After an act or event that creates a right toNoUceof 
immediate performance of the principal obligation evidenced 
by the security or that sets a date on or after which the 
security is to be presented or surrendered for redemption or 
exchange, a purchaser is charged with notice of any defect 
in its issue or any defence of the issuer, 

{a) if the act or event is one requiring the payment of 
money or the delivery of securities or both on 
presentation or surrender of the security and such 
funds or securities are available on the date set for 
payment or exchange and he takes the security more 
than one year after that date ; and 

(b) if the act or event is not one to which clause (a) 
applies and he takes the security more than two 
years after the date set for surrender or presentation 
or the date on which such performance became due. 

(2) Subsection (1) does not apply to a call for redemption ^j]°J®'^ 
that has been revoked. R.S.O. 1970, c. 53, s. 71. redemption 

excepted 



444 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 70 (1) 



oatransfe? '^^' — ^^^ Unless noted conspicuously on the security, a 
restriction on transfer imposed by the issuer even though 
otherwise lawful is ineffective except against a person with 
actual knowledge of it. 



Exception for 
securities 
of former 
private 
companies 
R.S.O. 1980, 
c. 95 



(2) Where a corporation was incorporated as a private 
company under the Corporations Act, or any predecessor 
thereof, before the 1st day of January, 1971, the words 
"private company" appearing conspicuously on the face of 
its securities issued before the 1st day of January, 1971 shall 
be deemed to be notice of its restriction on the transfer 
of the securities for the purposes of subsection (1). R.S.O. 1970, 
c. 53, s. 72. 



Unauthorized 
signatures 
on issue 



71. An unauthorized signature placed on a security 
prior to or in the course of issue is ineffective except that 
the signature is effective in favour of a purchaser for value 
and without notice of the lack of authority if the signing 
has been done by. 



(a) an authenticating trustee, registrar, transfer agent 
or other person entrusted by the issuer with the 
signing of the security or of similar securities or 
their immediate preparation for signing ; or 

{b) an employee of the issuer, entrusted with 
responsibility for handling of the security. R.S.O. 
1970, c. 53, s. 73. 

omanks°° 72. — (1) Where a security contains the signatures necessary 
to its issue or transfer but is incomplete in any other respect, 

{a) any person may complete it by filling in the blanks 
' = as authorized; and 

{b) even though the blanks are incorrectly filled in, 
the security as completed is enforceable by a pur- 
chaser who took it for value and without notice of 
such incorrectness. 



alteration 



(2) A complete security that has been improperly altered, 
even though fraudulently, remains enforceable but only 
according to its original terms. R.S.O. 1970, c. 53, s. 74. 



Effect of 
registration 



73. — (1) Subject to sections 104 and 110, the issuer or the 
indenture trustee may treat the registered holder as the 
person entitled to receive notice of and to vote at meetings 
of the security holders and to receive any payment in respect 
of the security and otherwise to exercise all the rights and 
powers of an owner. 



Sec. 76 (1) (a) business corporations Chap. 54 445 

(2) Nothing in sections 62 to 95 shall be construed to wem 
affect the liability of the registered owner of a security for 
calls, assessments or similar liabilities. R.S.O. 1970, c. 53, 
s. 75. 

74. — (1) A person placing his signature upon a security as ^"^g^**®" 
authenticating trustee, registrar or transfer agent warrants 
to a purchaser for value without notice of the particular 
defect that, 

(a) the security is genuine and in proper form ; 

(b) his own participation in the issue of the security is 
within his capacity and within the scope of the 
authorization received by him from the issuer; and 

(c) he has reasonable grounds to believe that the security 
is in the form and within the amount the issuer is 
authorized to issue. 1971, c. 26, s. 17. 

(2) Unless otherwise agreed, a person by so placing his^**™ 
signature does not assume responsibility for the validity of 
the security in other respects. R.S.O. 1970, c. 55, s. 76 (2). 

Rights and Liabilities of Purchaser and Seller 

75. — (1) Upon delivery of a security, the purchaser ^^l^l^^^^j . 
acquires the rights in the security that his transferor had or purctiasers 
had actual authority to convey except that a purchaser who 
has himself been a party to any fraud or illegality affecting 
the security or who as a prior holder had notice of an adverse 
claim cannot improve his position by taking from a later 
purchaser for value in good faith who was without notice of 
any adverse claim. 

(2) A purchaser for value in good faith and without notice J^^^e^ 
of any adverse claim in addition to acquiring the rights of 

a purchaser also acquires the security free of any adverse 
claim. 

(3) A purchaser of a limited interest acquires rights only to f^^^^ 
the extent of the interest purchased. R.S.O. 1970, c. 53, s. 77. 

76. — (1) A purchaser, including a broker for the sellerNoticejjf 
or buyer, of a security is charged with notice of adverse claims 
claims if, 

(a) the security whether in bearer or registered form has 
been endorsed "for collection" or "for surrender" or 
for some other purpose not involving transfer; or 



446 Chap. 54 business corporations Sec. 76 (1) (b) 

(b) the security is in bearer form and has on it an 
unambiguous statement that it is the property of a 
person other than the transferor, but the mere writing 
of a name on a security shall not be deemed such a 
statement. 

^^^^ (2) The fact that the purchaser, including a broker for the 

seller or the buyer, has notice that the security is held for 
a third person or is registered in the name of or endorsed 
by a fiduciary does not create a duty of inquiry into the 
rightfulness of the transfer or constitute notice of adverse 
claims, but if the purchaser has knowledge that the proceeds 
are being used or that the transaction is for the individual 
benefit of the fiduciary or otherwise in breach of duty, the 
purchaser is charged with notice of adverse claims. 

^<^®™ (3) An act or event that creates a right to immediate 

performance of the principal obligation evidenced by the 
security or that sets a date on or after which the security is 
to be presented or surrendered for redemption or exchange 
does not of itself constitute any notice of adverse claims 
except in the case of a purchase, 

(a) after one year from any date set for such present- 
ment or surrender for redemption or exchange ; or 

(b) after six months from any date set for payment of 
money against presentation or surrender of the 
security if funds are available for payment on that 
date. R.S.O. 1970, c. 53, s. 78. 

Warranties 77. — (l).A person who presents a security for registration 
presentment of transfer or for payment or exchange warrants to the issuer 
that he is entitled to the registration, payment or exchange, 
but a purchaser for value without notice of adverse claims 
who receives a new, reissued or reregistered security on regis- 
tration of transfer warrants only that he has no knowledge of 
any unauthorized signature in a necessary endorsement. 

^^transfer (^) ^ persou by transferring a security to a purchaser 
for value warrants only that, 

(a) his transfer is effective and rightful ; 

{b) the security is genuine and has not been materially 
altered; and 

(c) he knows no fact that might impair the validity of 
the security. 



Sec. 79 (3) BUSINESS corporations Chap. 54 447 

(3) Where a security is delivered by an intermediary Warranties 
known by the transferee to be entrusted with delivery of themediary 
security on behalf of another or with collection of a draft or 

other claim against such delivery, the intermediary by such 
delivery warrants only his own good faith and authority even 
though he has purchased or made advances against the claim 
to be collected against the delivery, but a broker is not an 
intermediary within the meaning of this subsection. 

(4) A pledgee or other holder for security who redelivers ^^^j^^*^®^ 
the security received, or after payment and on order of the 
debtor delivers that security to a third person, makes only 

the warranties of an intermediary under subsection (3). 

(5) A broker gives to his customer and to the issuer and a^^"'*°"e8 

1 1 • -ii-i- ^ 1 of broker 

purchaser the warranties provided m this section and has 
the rights and privileges of a purchaser under this section 
and the warranties of and in favour of the broker acting 
as an agent are in addition to applicable warranties given 
by and in favour of his customer. R.S.O. 1970, c. 53, s. 79. 

78. Where a security in registered form has been delivered ^nlo^j^gnt 
to a purchaser without a necessary endorsement, he may 
become a purchaser for value in good faith and without notice 
of any adverse claim only as of the time the endorsement is 
supplied, but against the transferor the transfer is complete 
upon delivery and the purchaser has a specifically enforceable 
right to have any necessary endorsement supplied. R.S.O. 
1970, c. 53, s. 80. 

79. — (1) An endorsement of a security in registered formEndorse- 
is made when an appropriate person signs on it or on a 
separate document an assignment or transfer of the security 
or a power to assign or transfer it or when the signature of 
such jjerson is written without more upon the back of the 
security. 

(2) An endorsement of a security may be, ^'^®™ 

(a) in blank, including to bearer ; or 

{b) a special endorsement, specifying the person to 
whom the security is to be transferred or who has 
the power to transfer it, 

and a holder may convert an endorsement in blank into a 
special endorsement. 

(3) Unless otherwise agreed, the endorser by his endorse- °^^Jj^q*^!^ 
ment assumes no obligation that the security will be honoured 

by the issuer. 



448 Chap. 54 business corporations Sec. 79 (4) 

endorsement ^^^ ^" endorsement purporting to be only of part of a 
security representing units intended by the issuer to be 
separately transferable is effective to the extent of the endorse- 
ment. 

person"^**^^ (5) Whether the person signing is appropriate shall be 
determined as of the date of signing and an endorsement by 
such person does not become unauthorized for the purposes 
of this Act by virtue of any subsequent change of circum- 
stances. 

encPoraement (6) Failure of a fiduciary to comply with a controlling 
by fiduciary instrument or with the law applicable to the fiduciary 
relationship, including any law requiring the fiduciary to 
obtain court approval of the transfer, does not render his 
endorsement unauthorized for the purposes of this Act. 
R.S.O. 1970, c. 53, s. 81. 

Delivery gQ, An endorsement of a security whether special or in 

blank does not constitute a transfer until delivery of the 
security on which it appears, or if the endorsement is on a 
separate document until the delivery of both the document 
and the security. R.S.O. 1970, c. 53. s. 82. 

unauthorized ^^' Unless the owner has ratified an unauthorized endorse- 
endorsement ment or is Otherwise precluded from asserting its ineffective- 
ness, 

{a) he may assert its ineffectiveness against the issuer 
or any purchaser other than a purchaser for value 
and without notice of adverse claims who has in good 
faith received a new, reissued or reregistered security 
on registration of traiisf er ; and 

(b) an issuer who registers the transfer of a security 

upon the unauthorized endorsement is subject to 

liability for improper registration. R.S.O. 1970, 
c. 53, s. 83. 

ofs^gnature ^^' — ^^^ ^^^ person guaranteeing a signature of an 
endorser of a security warrants that at the time of signing, 

{a) the signature was genuine ; 

(b) the signer was an appropriate person to endorse; 
and 

(c) the signer had legal capacity to sign, 

but the guarantor does not otherwise warrant the rightfulness 
of the particular transfer. 



Sec. 84 (1) BUSINESS CORPORATIONS Chap. 54 449 

(2) Any person may guarantee an endorsement of a ^n^^ement 
security and by so doing warrants not only the signature but 

also the rightfulness of the particular transfer in all respects. 

(3) No issuer may require a guarantee of endorsement as ^^^^ 
a condition to registration of transfer. 

(4) The warranties referred to in subsections (1) and (2) are Liability of 

. guarantor 

made to any person taking or dealing with the security in 
reliance on the guarantee and the guarantor is liable to such 
person for any loss resulting from breach of the warranties. 
R.S.O. 1970, c. 53, s. 84. 

83. — (1) Delivery to a purchaser occurs when, ^^*^44. 

const! til tds 
delivery 

(a) he or a person designated by him acquires possession 
of a security ; 

(b) his broker acquires possession of a security specially 
endorsed or issued in the name of the purchaser ; 

(c) his broker sends him confirmation of the purchase 
and also by book entry or otherwise identifies a specific 
security in the broker's possession as belonging to 
the purchaser; 

(d) with respect to an identified security to be delivered 
while still in the possession of a third person, when 
that person acknowledges that he holds for the 
purchaser; or 

(e) appropriate entries in the records of a clearing 
corporation are made under section 89. 

(2) The purchaser is the owner of a security held for himWem 
by his broker, but is not the holder except as specified in 
clauses (1) (6), (c) and (e), but where a security is part of a fungible 
bulk the purchaser is the owner of a proportionate property 
interest in the fungible bulk. 

(3) Notice of an adverse claim received by the broker orNoMce^^^ 
by the purchaser after the broker takes delivery as a holder claim after 

QGllVGrV 

for value is not effective either as to the broker or as to the 
purchaser, but as between the broker and the purchaser, 
the purchaser may demand delivery of an equivalent 
security as to which no notice of an adverse claim has been 
received. R.S.O. 1970, c. 53, s. 85. 

84. — (1) Unless otherwise agreed where a sale of a security ^^fy.o^ 
is made on a stock exchange recognized for the purposes of deliver 



450 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 84 (1) 



sections 62 to 95 by the Commission or otherwise through 
brokers, 



(a) the selling customer fulfills his duty to deliver when 
he places such a security in the possession of the 
selling broker or of a person designated by the broker 
or, if requested, causes an acknowledgment to be made 
to the selling broker that it is held for him ; and 

{b) the selling broker including a correspondent broker 
acting for a selling customer fulfills his duty to 
deliver by placing the security or a like security in 
the possession of the buying broker or a person 
designated by him or by effecting clearance of the sale 
in accordance with the rules of the recognized stock 
exchange on which the transaction took place. 



Idem 



Idem 



(2) Except as otherwise provided in this section and 
unless otherwise agreed, a transferor's duty to deliver a security 
under a contract of purchase is not fulfilled until he places 
the security in form to be negotiated by the purchaser in 
the possession of the purchaser or of a person designated by 
him or at the purchaser's request causes an acknowledgment 
to be made to the purchaser that it is held for him. 

(3) Subsection (2) applies to a sale to a broker purchasing 
on his own account unless the sale is made on a recognized 
stock exchange. R.S.O. 1970, c. 53, s. 86. 



wronSu?'^ 85. — (1) Any person against whom the transfer of a security 

transfer is wrongful for any reason, including his incapacity, may 
against anyone else except a purchaser for value in good 
faith and without notice of any adverse claim reclaim 
possession of the security or obtain possession of any new 
security evidencing all or part of the same rights or have 
damages. 



Idem 



(2) If the transfer is wrongful because of an unauthorized 
endorsement, the owner may also reclaim or obtain possession 
of the security even from a purchaser for value in good faith 
and without notice of any adverse claim if the ineffectiveness 
of the purported endorsement can be asserted against him 
under the provisions of this Act relating to unauthorized 
endorsements. 



perfonnance (^) ^^^ right to obtain or reclaim possession of a security 
a°d may be specially enforced by specific performance or its 

transfer enjoined. R.S.O. 1970, c. 53, s. 87. 



Sec. 88 (rf) BUSINESS CORPORATIONS Chap. 54 451 

86. — (1) Unless otherwise agreed, the transferor shall on ^^t^^o®''"^'* 
due demand supply his purchaser with any proof of his p^°^?<^® 
authority to transfer or with any other requisite that may be for 
necessary to obtain registration of the transfer of the security, of transfer ° 
but if the transfer is not for value a transferor need not do so 
unless the purchaser furnishes the necessary expenses. 



(2) Failure to comply with a demand made under sub-^^*JJ^g 
section (1) within a reasonable time gives the purchaser the 
right to reject or rescind the transfer. R.S.O. 1970, c. 53, 
s. 88. 



87. An agent or bailee who in good faith, including ob-^°8g^®[ 
servance of reasonable commercial standards if he is in the jn food 

faith not 

business of buying, selling or otherwise dealmg with securities, conversion 
has received securities and sold, pledged or delivered them 
according to the instructions of his principal is not liable 
for conversion or for participation in breach of fiduciary duty 
although the principal has no right to dispose of thein. 
R.S.O. 1970, c. 53. s. 89. 

88. A contract for the sale of securities is not enforceable ^q°°*^* 
by way of action or defence unless, 

(a) there is some writing signed by the party against 
whom enforcement is sought or by his authorized 
agent or broker sufficient to indicate that a contract 
has been made for sale of a stated quantity of 
described securities at a defined or stated price ; 

(6) delivery of the security has been accepted or pay- 
ment has been made, but the contract is enforceable 
under this provision only to the extent of such delivery 
or payment ; 

(c) within a reasonable time a writing in confirmation 
of the sale or purchase and sufficient against the 
sender under clause (a) has been received by the party 
against whom enforcement is sought and he has 
failed to send written objection to its contents within 
a reasonable time after its receipt ; or 

{d) the party against whom enforcement is sought 
admits in his pleading, testimony or otherwise in 
court that a contract was made for sale of a stated 
quantity of described securities at a defined or 
stated price. R.S.O. 1970. c. 53, s. 90. 



452 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 89 (1) 



Transfer 
through 
clearing 
corporation 



89.— (1) If a security, 

{a) is in the custody of a clearing corporation or of a 
custodian or nominee of either, subject to the in- 
structions of the clearing corporation ; 

{b) is in bearer form or endorsed in blank by an 
appropriate person or registered in the name of the 
clearing corporation or custodian or a nominee of 
either; and 

(c) is shown on the account of a transferor or pledgor 
in the records of the clearing corporation, 

then, in addition to other methods, a transfer or pledge of 
the security or any interest therein may be effected by the 
making of appropriate entries in the records of the clearing 
corporation, reducing the account of the transferor or pledgor 
and increasing the account of the transferee or pledgee by the 
amount of the obligation or the number of shares or rights 
transferred or pledged. 



fungible ^° (2) Under this section, entries may be in respect of like 
bulk securities or interests therein as part of a fungible bulk and 

may refer merely to a quantity of a particular security 
without reference to the name of the registered owner, 
certificate or bond number or the like and, in appropriate 
cases, may be on a net basis taking into account other 
transfers or pledges of the same security. 

Constructive (3) A transfer or pledge under this section has the effect 

endorsement , , , . , ^ P . . 

and delivery of a delivery of a security in bearer form or duly endorsed 
in blank representing the amount of the obligation or the 
number of shares or rights transferred or pledged. 



Idem 



(4) If a pledge or the creation of a security interest is 
intended, the making of entries has the effect of a taking 
of delivery by the pledgee or a secured party. 



Holder 



(5) A transferee or pledgee under this section is a holder. 



reg^istration i^) ^ transfer or pledge under this section does not con- 
stitute a registration of transfer under sections 90 to 94. 



Error in 
records 



(7) That entries made in the records of the clearing 
corporation as provided in subsection (1) are not appropriate 
does not affect the validity or effect of the entries nor the 
liabilities or obligations of the clearing corporation to any 
person adversely affected thereby. R.S.O. 1970, c. 53, s. 91. 



Sec. 91 (1) id) BUSINESS CORPORATIONS Chap. 54 453 

Registration 

90. — (1) Where a security in registered form is presented ^suerto 
to the issuer with a request to register a transfer, the issuer ^rllfs^fer 
is under a duty to register the transfer as requested if, 

(a) the. security is endorsed by the appropriate person 
or persons ; 

(b) reasonable assurance is given that those endorse- 
ments are genuine and effective ; 

(c) the issuer has no notice of an adverse cjaim ; 

{d) any applicable law relating to the collection of taxes 
has been complied with ; and 

(e) the transfer is not contrary to applicable restrictions 
or is not of a share in respect of which the corporation 
is entitled to a lien and exercises its right to refuse 
registration. 

(2) Where an issuer is under a duty to register a transfer J^^^^j^^^^y 
of a security, the issuer is also liable to the person presenting delay 
it for registration or his principal for loss resulting from 
any unreasonable delay in registration or from failure or 
refusal to register the transfer. R.S.O. 1970, c. 53, s. 92. 

91. — (1) For the purpose of obtaining reasonable assurance Assurance 
that each necessary endorsement required by section 79 is by issuer 
genuine and effective, the issuer may require a guarantee of 
the signature of the person endorsing or, where such 
guarantee is lacking, 

(a) where the endorsement is by an agent, appropriate 
assurance of authority to sign ; 

{b) where the endorsement is by fiduciary, or a successor 
on whom title or control vests on the death of the 
holder, appropriate evidence of appointment or 
incumbency ; 

(c) where there is more than one fiduciary or successor, 
reasonable assurance that all who are required to sign 
have done so ; and 

(d) where the endorsement is by a person not covered 
by a person mentioned in this section, assurance 
appropriate to the case equivalent as nearly as may 
be to those required by this section. 



454 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 91 (2) 



Sufficiency 
of guarantee 



(2) A "guarantee of the signature" in subsection (1) means a 
guarantee signed by or on behalf of a person reasonably 
believed by the issuer to be responsible, and the issuer may 
adopt stapdards with respect to responsibility if such 
standards are not manifestly unreasonable. 



?\^denc?of® (3) For the purposes of subsection (1), "appropriate evidence 
appoint- of appointment or incumbency" means, 

mentor -^ ' 

incumbency 

{a) if the fiduciary or successor claims by virtue of a 
grant of probate or letters of administration or other 
instrument issued or purporting to be issued by a 
court or other judicial authority in any jurisdic- 
tion, production of the same or a notarial copy 
thereof or extract therefrom or a certificate of such 
grant under the seal of such court or other authority 
without any proof of the authenticity of such seal or 
other proof whatever and deposit of a copy thereof ; 

(6) if the fiduciary or successor claims by virtue of the 
laws of any jurisdiction in which any transmission 
or vesting of title or control takes place without a 
grant of probate or letters of administration or 
other court or judicial action, production and deposit 
of proof thereof in accordance with the laws of such 
jurisdiction and reasonable evidence of such laws; 
or 

(c) if the net value of the estate of the deceased holder 
is less than $1,500 or if the market value of the 
securities is less than $300, proof thereof to the 
reasonable satisfaction of the issuer, 

together with, in any such event, production and deposit by 
one or more of the fiduciaries or successors of a sworn state- 
ment showing the nature of the transmission or vesting of title 
or control, as the case may be. 



other 
contents 
not notice 



(4) The issuer is not charged with notice of the contents 
of any document obtained for the purposes of subsection (3) 
except to the extent that the contents relate directly to the 
appointment or incumbency. R.S.O. 1970, c. 53, s. 93. 



Notice of 

additional 

assurances 



(5) If an issuer demands assurance additional to that 
specified in this section for a purpose other than the pur- 
poses of subsection (3) and obtains a copy of a will, trust or 
partnership agreement, by-law or similar document, the issuer 
shall be deemed to have notice of all matters contained therein 
affecting the transfer. 1972, c, 138, s. 20. 



Sec. 93 (1) (a) business corporations Chap. 54 455 

92. — (1) An issuer to whom a security is presented for ^1^°^*^'^^^^^° 
registration has notice of an adverse claim if, adverse 

(a) the issuer receives written notice of the adverse 
claim evidenced by an order or judgment of a court 
of competent jurisdiction and the notice is received 
at a time and in a manner that affords the issuer a 
reasonable opportunity to act on it before the 
issuance of a new, reissued or reregistered security 
and the notice identifies the registered owner, the 
claimant and the issue of which the security is a 
part, and provides an address for communications 
directed to the claimant ; or 

(b) the issuer is given written notice by the registered 
owner that the security is lost, apparently destroyed 
or wrongfully taken. 

(2) An issuer shall be deemed not to have notice of ani<^®™ 
adverse claim otherwise than as provided in subsection (1). 

(3) The issuer may register a transfer where he has notice ^tlr^notice° 
of an adverse claim if he has given notice to both the 
registered owner and the claimant by registered mail to the 
address provided by them for the purpose that the security 

has been presented for registration by a named person and 
that the transfer will be registered unless prior to the expira- 
tion of thirty days from the date of mailing the notification 
there is filed with the issuer, 

(a) an appropriate restraining order, injunction or other 
process issued from a court of competent juris- 
diction ; or 

{b) an indemnity bond sufficient in the issuer's opinion 
to protect the issuer and any transfer agent, 
registrar or other agent of the issuer from any loss 
which it or they may suffer by complying with the 
adverse claim. R.S.O. 1970, c. 53, s. 94. 

(4) A written notice of adverse claim received by an Limitation 

• • rr ■ r i r i i for nOtlCeS 

issuer IS effective for only twelve months from the date 
when it was received unless the notice is renewed in 
writing. 1972, c. 138, s. 21. 

93. — (1) The issuer is not liable to the owner or any other ^}^^^^^J 
person suffering loss as a result of the registration of a 
transfer of a security if, 

(a) there were on or with the security the necessary 
endorsements; and 



456 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 93 (1) (b) 



(6) the issuer had not notice of adverse claims or, 
having had notice thereof, proceeded to register 
the transfer in accordance with subsection 92 (3). 



Idem 



(2) Where an issuer has registered a transfer of a security 
to a person not entitled to it, the issuer on demand shall 
deliver a like security to the true owner unless, 



(a) the registration was pursuant to subsection (1); 

(b) the owner is precluded from asserting any claim for 
registering the transfer under subsection 94 (1); or 

(c) such delivery would result in overissue, in which case 
the issuer's liability is governed by section 63. R.S.O. 

1970, c. 53, s. 95. 



Loss, etc., 
securities 



94. — (1) Where a security has been lost, apparently 
destroyed or wrongfully taken and the owner fails to notify 
the issuer of that fact in writing before the issuer registers a 
transfer of the security, the owner is precluded from asserting 
against the issuer any claim for registering the transfer 
under section 93 or any claim to a new security under this section. 



Replacing 
lost, etc., 
securities 



(2) Where the owner of a security claims that the security 
has been lost, apparently destroyed or wrongfully taken, 
the issuer shall issue a new security in place of the original 
security if the owner. 



(a) so requests before the issuer has notice that the 
security has been acquired by a purchaser for value 
without notice of an adverse claim ; 

{b) files with the issuer an indemnity bond sufficient 
in the issuer's opinion to protect the issuer and any 
transfer agent, registrar or other agent of the issuer 
from any loss that it or they may suffer by com- 
plying with the request to issue a new security; and 

(c) satisfies any other reasonable requirements imposed 
by the issuer. 



Rights of 
bona fide 
purchaser 



(3) If, after the issue of the new security, a purchaser for 
value without notice of an adverse claim of the original 
security presents it for registration of transfer, the issuer 
shall register the transfer unless registration would result 



Sec. 97 (1) BUSINESS CORPORATIONS Chap. 54 457 

in overissue in which event the issuer's liabihty is governed 
by section 63. 

(4) In addition to any rights on the indemnity bond, the^^^^°f 
issuer may recover the new security from the person to whom 
it was issued or any person taking under him except a 
purchaser for. value without notice of an adverse claim. 
R.S.O. 1970. c. 53, s. 96. 

95. — (1) An authenticating trustee, transfer agent, registrar ^"J^tsfor 
or other agent for an issuer has in respect of the issue, issuer 
registration of transfer, and cancellation of a security of 
the issuer, 

(a) a duty to the issuer and to the holder or owner 
to exercise good faith and due diligence; and 

(6) the same obligations to the holder or owner of a 
security and the same rights, privileges and im- 
munities as the issuer. 1972, c. 138, s. 22. 

(2) Notice to an authenticating trustee, transfer agent, n°^^^^o^ 
registrar or other such agent is notice to the issuer with issuer 
respect to the functions performed by the agent. R.S.O. 
1970, c. 53, s. 97 (2). 



SHAREHOLDERS 

Rights 

96.— (1) Where a person is shown on the records of a Deaiin| by^ 
corporation as holding a share as a personal representative, with personal 

^ . ° 1- 1 1 1 • T 1- 1 representa- 

the receipt by such person is a valid and binding discharge tives 
to the corporation for any payment or other distribution 
made in respect of the share whether notice of any trust 
has been given to the corporation or not, and the cor- 
poration is not bound to see to the application of such 
payment or other distribution. 

(2) Where its own shares are purchased by a corporation under no^g^^° 
subsection 38 (2) or subsection 98 (2) or accepted by a corporation ^^^^^ 
under section 36 or 41 and are not thereby cancelled, no person is 
entitled to receive notice of or to vote at meetings of shareholders 
or to receive any payment or other distribution made in respect of 
the shares until such shares are resold. 1972, c. 138, s. 23. 



97. — (1) Subject to subsection (2), a shareholder of a ^t^^^°" 
corporation may maintain an action in a representative w^j^2®°° 

corporation 



458 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 97 (1) 



capacity for himself and all other shareholders of the 
corporation suing for and on behalf of the corporation to 
enforce any right, duty or obligation owed to the cor- 
poration under this Act or under any other statute or rule 
of law or equity that could be enforced by the corporation 
itself, or to obtain damages for any breach of any such 
right, duty or obligation. 



Leave 



(2) An action under subsection (1) shall not be commenced 
until the shareholder has obtained an order of the court 
permitting the shareholder to commence the action. 



for^Mer^to° ^^^ ^ shareholder may, upon at least seven days notice 

commence to the Corporation, apply to the court for an order 

referred to in subsection (2), and, if the court is satisfied that, 

(a) the shareholder was a shareholder of the cor- 
poration at the time of the transaction or other 
event giving rise to the cause of action ; 

(b) the shareholder has made reasonable efforts to cause 
the corporation to commence or prosecute diligently 
the action on its own behalf ; and 

(c) the shareholder is acting in good faith and it is 
prima facie in the interests of the corporation or 
its shareholders that the action be commenced, 

the court may make the order upon such terms as the court 
thinks fit, except that the order shall not require the share- 
holder to give security for costs. 



Application 
for order 
for interim 
costs 



(4) At any time or from time to time while an action 
commenced under this section is pending, the plaintiff may 
apply to the court for an order for the payment to the 
plaintiff by the corporation of reasonable interim costs, 
including solicitor's and counsel fees and disbursements, 
for which interim costs the plaintiff shall be accountable to 
the corporation if the action is dismissed with costs on 
final disposition at the trial or on appeal. 



Trial and 
judgment 



(5) An action commenced under this section shall be 
tried by the court and its judgment or order in the cause, 
unless the action is dismissed with costs, may include a 
provision that the reasonable costs of the action are payable 
to the plaintiff by the corporation or other defendants 
taxed as between a solicitor and his own client. 



tinuanoeand (^) "^^ action Commenced under this section shall not be 
settlement discontinued, settled or dismissed for want of prosecution 



Sec. 98 (2) (c) business corporations Chap. 54 459 

without the approval of the court and, if the court 
determines that the interests of the shareholders or any 
class thereof may be substantially affected by such dis- 
continuance, settlement or dismissal, the court, in its discre- 
tion, may direct that notice in manner, form and content 
satisfactory to the court shall be given, at the expense of 
the corporation or any other party to the action as the 
court directs, to the shareholders or class thereof whose 
interests the court determines will be so affected. R.S.O. 
1970, c. 53. s. 99. 

98. — (1) If, at a meeting of shareholders or of any class of ^^^^^.f^ 
shareholders of a corporation that is not offering its shares to the shareholders 
public, 

(a) a resolution passed by the directors authorizing 
the sale, lease, exchange or other disposition of 
all or substantially all the property of the cor- 
poration is confirmed with or without variation by 
the shareholders; 

{b) a resolution passed by the directors authorizing 
an amendement to the articles to delete therefrom 
a provision restricting the transfer of the shares 
of the corporation or of any class thereof is confirmed 
with or without variation by the shareholders; 

(c) a resolution approving an agreement for the amal- 
gamation of the corporation with one or more 
other corporations is confirmed by the shareholders ; 
or 

id) a resolution passed by the directors under section 
190 is confirmed by the shareholders, 

any shareholder who has voted against the confirmation 
of the resolution may within ten days after the date of 
the meeting give notice in writing to the corporation re- 
quiring it to purchase his shares. R.S.O. 1970, c. 53, 
s. 100 (1); 1972, c. 138, s. 24 (1, 2). 

(2) Within ninety days from, ?am^fonor 

change of 

(a) the date of the completion of the sale, lease, ex- iurisdiction 
change or other disposition ; 

(b) the date set forth in the certificate of amend- 
ment or amalgamation ; or 

(c) the date of delivery to the Minister of a request 
in writing for his authorization under section 190, 



460 Chap. 54 BUSINESS corporations Sec. 98 (2) 

the corporation, or amalgamated corporation, shall pur- 
chase the shares of every shareholder who has given notice 
under subsection (1), and every such shareholder shall sell his 
shares to the corporation. 1972, c. 138, s. 24 (3). 

Saving (3) The corporation shall not purchase any shares under 

subsection (2) if it is insolvent or if the purchase would 
render it insolvent. 

shares'^ i^) ^^^ P^^^^ ^"^ terms of the purchase of such shares 

shall be as may be agreed upon by the corporation and the 
dissenting shareholder, but, if they fail to agree, the price 
and terms shall be as determined by the court on the 
application of the dissenting shareholder. R.S.O. 1970, c. 53, 
s. 100 (3, 4). 

share? (^) ^^ ^^^ ^^^^' ^^ase, exchange or other disposition is not 

completed, the certificate of amendment or amalgamation 
is not issued, or the authorization of the Minister is not 
given, the rights of the dissenting shareholder under this 
section cease and the corporation shall not purchase the 
shares of such shareholder under this section. 1972, c. 138, 
s. 24 (4), part. 

for^^-iawor ^®* — ^^^ '^^^ persons holding equity shares carrying at 
resolution least 10 per cent of the voting rights attached to all equity 
shares of the corporation for the time being outstanding 
may requisition the directors to call a meeting of the directors 
for the purpose of passing any by-law or resolution that 
may properly be passed at a meeting of the directors duly 
called, constituted and held for that purpose. 

fe°'^sition (^) ^^^ requisition shall set out the by-law or resolution, 
as the case may be, that is required to be passed at the 
meeting and shall be signed by the requisitionists and 
deposited at the head office of the corporation, and may 
consist of several documents in like form, each signed by 
one or more requisitionists. 

dSrectofs*^ (3) Upon deposit of the requisition, the directors shall 
forthwith call a meeting of the directors for the purpose of 
passing the by-law or resolution, as the case may be, set 
out in the requisition. R.S.O. 1970, c. 53, s. 101 (1-3). 

shareholders ^^^ Where the directors do not within twenty-one days 
from the date of the despoit of the requisition, 

{a) call and hold such a meeting and pass such a 
by-law or resolution ; and 



Sec. 99 (7) BUSINESS CORPORATIONS Chap. 54 461 

{b) if the by-law or resolution requires confirmation at 
a general meeting of the shareholders before it is 
effective, call a general meeting of the shareholders 
for the purpose of confirming the by-law or 
resolution, 

any of the requisitionists may call a general meeting of the 
shareholders for the purpose of passing such by-law or 
resolution, and the meeting shall be held within sixty 
days from the date of the deposit of the requisition. 
R.S.O. 1970, c. 53, s. 101 (4); 1972, c. 138, s. 25 (1). 

(5) A meeting of the shareholders called under sub- Notice 
section (4) shall be called as nearly as possible in the same 
manner as meetings of shareholders are called under the 
by-laws, but, if the by-laws provide for more than twenty- 
one days notice of meetings, twenty-one days notice is 
sufficient for the calling of the meeting. 

(6) Where a by-law or resolution is passed at a meeting by3iawor°^ 
of the shareholders called under subsection (4), either as set resolution 
out in the requisition or as varied at the meeting, it is as 

valid and effective as if it had been passed at a meeting of 
the directors duly called, constituted and held for that 
purpose and confirmed at a meeting of the shareholders duly 
called, constituted and held for that purpose, and, if the 
resolution or by-law is passed by at least two-thirds of 
the votes cast at the meeting of the shareholders called 
under subsection (4), it shall be deemed to be a special 
resolution or special by-law, as the case may be, for the 
purposes of this Act. 

(7) The corporation shall, of^ifSe^s^ 



(a) reimburse the requisitionists for any reasonable 
expenses incurred by them by reason of the 
failure of the directors to act in accordance with 
subsections (3) and (4); and 

(6) retain out of any moneys due or to become due, by 
way of fees or other remuneration for their services, 
to such of the directors as were in default, an 
amount equal to the amount the requisitionists were 
reimbursed, 

unless, at the meeting called under subsection (4), the share- 
holders, by a majority of the votes cast, reject the reim- 
bursement of the requisitionists. R.S.O. 1970, c. 53, 
s. 101 (5-7). 



462 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 99 (8) 



New 

requisition 
on same 
subject 



(8) Where a by-law or resolution in respect of which a 
meeting of directors is requisitioned under this section is 
not passed or confirmed at a meeting of the shareholders, no 
requisition for a meeting of directors in respect of a 
similar by-law or resolution shall be made for a period of at 
least two years. 1972, c. 138, s. 25 (2). 



Circulation 
of share- 
holders' 
resolutions, 
etc. 



Notice 



100. — (1) On the requisition in writing of the persons 
holding equity shares carrying at least 5 per cent of the 
voting rights attached to all equity shares of the corporation 
for the time being outstanding, the directors shall, 

{a) give to the shareholders entitled to notice of the 
next meeting of shareholders notice of any resolution 
that may properly be moved and is intended to be 
moved at that meeting; or 

(6) circulate to the shareholders entitled to vote at the 
next meeting of shareholders a statement of not 
more than 1,000 words with respect to the matter 
referred to in any proposed resolution or with 
respect to the business to be dealt with at that 
meeting. 

(2) The notice or statement or both, as the case may be, 
shall be given or circulated by sending a copy thereof to 
each shareholder entitled thereto in the same manner and 
at the same time as that prescribed by this Act, the 
articles or the by-laws, for the sending of notice of meetings 
of shareholders. 



Idem (3) Where it is not practicable to send the notice or state- 

ment or both at the same time as the notice of the meeting 
is sent, the notice or statement or both shall be sent as 
soon as practicable thereafter. 

requisition ('^^ ^^^ directors are not bound under this section to 
etc. ' give notice of any resolution or to circulate any statement 

unless. 



(a) the requisition, signed by the requisitionists, is 
deposited at the head office of the corporation, 

(i) in the case of a requisition requiring notice 
of a resolution to be given, not less than 
twenty-one days before the meeting where 
the corporation is offering its securities to the 
public and not less than ten days before the 
meeting where the corporation is not offering 
its securities to the public, 



Sec. 101 (1) BUSINESS CORPORATIONS Chap. 54 463 

(ii) in the case of a requisition requiring a 
statement to be circulated, not less than 
fourteen days before the meeting where 
the corporation is offering its securities to the 
public and not less than seven days before 
the meeting where the corporation is not 
offering its securities to the public; and 

(b) there is deposited with the requisition a sum 
reasonably sufficient to meet the expenses of the 
corporation in giving effect thereto. 

(5) The directors are not bound under this section to ^^^'T 

• 1 -e 1- • f 1 directors 

Circulate any statement if, on the application of the cor- not bound . 

• to Cil7CUl&tj6 

poration or any other person who claims to be aggrieved, statement 
the court is satisfied that the rights conferred by this 
section are being abused to secure needless publicity for 
defamatory matter, and on any such application, the court 
may order the costs of the corporation to be paid in whole 
or in part by the requisitionists notwithstanding that 
they are not parties to the application. 

(6) No corporation or a director, officer or employee where no 
thereof or person acting on its behalf, except a requisitionist, 

is liable in damages or otherwise by reason only of the 
giving of a notice or the circulation of a statement, or 
both, in compliance with this section. 

(7) Notwithstanding anything in the by-laws of the cor- Jg^^^y^o^ 
poration, where the requisitionists have complied with this requisitioned 
section, the resolution, if any, mentioned in the requisition 

shall be dealt with at the meeting to which the requisition 
relates. 

(8) The corporation shall pay to the requisitionists the Repayment 

r- ^ -T of expenses 

sum deposited under clause (4) (b) unless at the meeting to which 
the requisition relates the shareholders by a majority of the votes 
cast reject the repayment to the requisitionists. R.S.O. 1970, 
c. 53, s. 102. 



Liabilities 

101. — (1) Where the issued capital of a corporation is ^^*J>JJ{.*gygg 
decreased by an amendment to the articles, each person of issued 
who was a shareholder on the effective date of the amend- 
ment is individually liable to the creditors of the cor- 
poration for the debts due on that date to an amount not 
exceeding the amount of the repayment to him. 



464 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 101 (2) 



Limitation 
of liability 



(2) A person is not liable under subsection (1) unless, 

{a) the corporation has been sued for the debt within 
six months after the effective date of the amendment 
and execution has been returned unsatisfied in 
whole or in part; and 

(6) he is sued for the debt in a court of competent 
jurisdiction within two years from the effective date 
of the amendment. 



Idem 



Class 
actions 



Shareholder 
holding 
shares in 
fiduciary 
capacity 



(3) After execution has been so returned, the amount due 
on the execution, not exceeding the amount of the repay- 
ment to the person, is the amount recoverable against 
such person. 

(4) Where it is made to appear that there are numerous 
shareholders who may be liable under this section, the 
court of competent jurisdiction may permit an action to 
be brought against one or more of them as representatives 
of the class and, if the plaintiff establishes his claim as 
creditor, may make an order of reference and add as parties 
in the referee's office all such shareholders as may be 
found, and the referee shall determine the amount that 
each should contribute towards the plaintiff's claim and 
may direct payment of the sums so determined. 

(5) No person holding shares in the capacity of a personal 
representative and registered on the records of the cor- 
poration as a shareholder and therein described as repre- 
senting in such capacity a named estate, person or trust is 
personally liable under this section, but the estate, person or 
trust is subject to all liabilities imposed by this section. 
R.S.O. 1970, c. 53, s. 103. 



Share- 
holder's 
liability 
limited 



102. A shareholder of a corporation as such is not 
answerable or responsible for any act, default, obligation or 
liability of the corporation, or for any engagement, claim, 
payment, loss, injury, transaction, matter or thing relating 
to or connected with the corporation. R.S.O. 1970, c. 53, 
s. 104. 

Meetings 



S*euSgs 103.— (1) Subject to subsections (2) and (3), the meetings 

of the shareholders shall be held at the place where the 
head office of the corporation is located. 



Exception (2) Where the by-laws of the corporation so provide, the 

meetings of the shareholders may be held at any place 
within Ontario. 



Sec. 104 (2) BUSINESS CORPORATIONS Chap. 54 465 

(3) Where the articles of the corporation so provide, the^**®°^ 
meetings of the shareholders may be held at one or more 
places outside Ontario specified therein. R.S.O. 1970, 
c. 53, s. 105. 



104. — (1) Subject to subsection (2) and in the absence of gj^^^, 
other provisions in that behalf in the articles or by-laws of meetings 
the corporation, 

(a) notice of the time and place for holding a meeting 
of the shareholders shall be given to each person 
who is entitled to notice of meetings and who on 
the record date for notice appears on the records 
of the corporation as a shareholder and to each 
director by sending the notice by prepaid mail 
to his latest address as shown on the records of 
the corporation; 

(6) all questions proposed for the consideration of the 
shareholders at a meeting of shareholders shall be 
determined by the majority of the votes cast, and 
the chairman presiding at the meeting has a second 
or casting vote in case of an equality of votes; 

(c) the chairman presiding at a meeting of shareholders 
may, with the consent of the meeting and subject 
to such conditions as the meeting decides, adjourn 
the meeting from time to time and from place to 
place ; 

(d) the president or, in his absence, a vice-president 
who is a director shall preside as chairman at a 
meeting of shareholders, but, if there is no president 
or such a vice-president or if at a meeting neither of 
them is present within fifteen minutes after the 
time appointed for the holding of the meeting, the 
shareholders present shall choose a person from 
their number to be the chairman ; 

{e) unless a poll is demanded, an entry in the minutes of 
a meeting of shareholders to the effect that the 
chairman declared a motion to be carried is ad- 
missible in evidence as prima facie proof of the fact 
without proof of the number or proportion of 
votes recorded in favour of or against the motion. 
R.S.O. 1970, c. 53, s. 106 (1); 1972, c. 138, s. 26. 

(2) The articles or by-laws of the corporation shall not Notice 
provide for fewer than. 



466 



Chap. 54 



BUSINESS CORPORATIONS SeC. 104 (2) (fl) 



Poll 



Annual 
meetings 



Idem 



(a) twenty-one days notice in the case of a corporation 
that is offering its securities to the public ; or 

(b) ten days notice in the case of a corporation that 
is not offering its securities to the public, 

for meetings of shareholders but in no case shall notice be 
given more than fifty days before the date of the meeting 
and the articles or by-laws shall not provide that notice 
may be given otherwise than individually. 

(3) If a poll is demanded, it shall be taken in such manner 
as the by-laws prescribe, and, if the by-laws make no pro- 
vision therefor, then as the chairman may direct. R.S.O. 
1970, c. 53, s. 106 (2, 3). 

105. — (1) A corporation shall hold an annual meeting of 
its shareholders not later than eighteen months after its 
incorporation and subsequently not more than fifteen months 
after the holding of the last preceding annual meeting and 
at such meeting any shareholder shall have an opportunity 
to raise any matter relevant to the affairs and business of 
the corporation. R.S.O. 1970, c. 53, s. 107. 

(2) Where a corporation has only one shareholder and, 
on or before the date the annual meeting is required to 
be held, the action required to be taken at the annual 
meeting is completed in accordance with subsection 22 (4), the 
action so completed shall be deemed to have been taken at an 
annual meeting of the corporation and such annual meeting shall 
be deemed to have been held on the date of the comple- 
tion. 1971, c. 26, s. 18. 



meetfn^s 106. The directors may at any time call a general meeting 

of the shareholders for the transaction of any business, the 
general nature of which is specified in the notice calling the 
meeting. R.S.O. 1970, c. 53, s. 108. 

Requisition 107. — (1) The persons holding equity shares carrying at 
shareholders' least 5 per ccut of the voting rights attached to all equity 
shares of the corporation for the time being outstanding 
may requisition the directors to call a general meeting of the 
shareholders for any purpose that is connected with the 
affairs of the corporation and that is not inconsistent with 
this Act. 



Requisition (2) The requisition shall state the general nature of the 
business to be presented at the meeting and shall be signed 
by the requisitionists and deposited at the head office of the 
corporation and may consist of several documents in like 
form, each signed by one or more requisitionists. 



Sec. 109 BUSINESS CORPORATIONS Chap. 54 467 

(3) Upon deposit of the requisition, the directors shall ^^y°^ 
forthwith call a general meeting of the shareholders for the to can 
transaction of the business stated in the requisition. "^^* °^ 

(4) If the directors do not within thirty days from the ^here 
date of the deposit of the requisition call and hold the tionista 
meeting, any of the requisitionists may call the meeting, meeting 
which shall be held within sixty days from the date of the 
deposit of the requisition. 

(5) A meeting called under this section shall be called as caiung of 

1 •, 1 • 1 ■ r ■, meeting 

nearly as possible m the same manner as meetmgs of share- 
holders are called under the by-laws, but, if the by-laws 
provide for more than twenty-one days notice of meetings, 
twenty-one days notice is sufficient for the calling of the 
meeting. 

(6) The corporation shall, Repayment 

^ ' *^ ' of expenses 

(a) reimburse the requisitionists for any reasonable ex- 
penses incurred by them by reason of the action 
taken by them under subsection (4); and 

(6) retain out of any moneys due or to become due, 
by way of fees or other remuneration for their 
services, to such of the directors as were in default, 
an amount equal to the amount the requisitionists 
were reimbursed, 

unless, at the meeting, the shareholders by a majority of the 
votes cast reject the reimbursement of the requisitionists. 
R.S.O. 1970, c. 53. s. 109. 

108. Notwithstanding section 107, upon application by a ReQaisition 
shareholder of a corporation, the court, if satisfied that the court order 
application is made in good faith and that it is prima facie 

in the interests of the corporation or its shareholders that 
the meeting be held on requisition, may make an order, 
upon such terms as to security for the costs of holding the 
meeting or otherwise as to the court seem fit, requiring the 
directors to call a general meeting of the shareholders for 
any purpose that is connected with the affairs of the cor- 
poration and that is not inconsistent with this Act. R.S.O. 
1970, c. 53, s. 110. 

109. If for any reason it is impracticable to call a meeting ^^J.^'^^^ 
of shareholders of a corporation in any manner in which "*®^°^ °^ 
meetings of shareholders may be called or to conduct the meetings 
meeting in the manner prescribed by this Act, the articles 

or by-laws, the court may, on the application of a director 



468 Chap. 54 BUSINESS corporations Sec. 109 

or a shareholder who would be entitled to vote at the meeting, 
order a meeting to be called, held and conducted in such 
manner as the court thinks fit, and any meeting called, held 
and conducted in accordance with the order shall for all 
purposes be deemed to be a meeting of shareholders of the 
corporation duly called, held and conducted. R.S.O. 1970, 
c. 53, s. 111. 

dates^** 110. — (1) The by-laws may fix in advance or may 

authorize the directors to fix in advance a time and date 
as the record date, 

(a) for the determination of the shareholders entitled to 
notice of meetings of the shareholders, which record 
date for notice shall not be more than fifty days 
before the date of the meeting and not fewer than 
the minimum number of days for notice of the 
meeting and where no such record date for notice 
is fixed, the record date for notice shall be at 
the close of business on the day next preceding 
the day on which notice is given or sent; and 

(6) for the determination of the shareholders entitled 
to vote at meetings of the shareholders, which record 
date for voting shall not be more than two days, 
excluding Saturdays and holidays, before the date 
of the meeting and where no such record date for 
voting is fixed, the record date for voting shall 
be the time of the taking of the vote; and 

(c) for the determination of the shareholders entitled 
to receive the financial statement of the corporation 
pursuant to subsection 175 (1), which record date for the 
financial statement shall be not more than fifty days and 
not fewer than twenty-one days before the date of the 
annual meeting of the shareholders and where no such 
record date is fixed, the record date shall be at the close 
of business on the day next preceding the day on 
which the financial statement is given or sent. 1972, 
c. 138, s. 27. 

Voting (2) The holder of each common share and, unless the 

articles condition, restrict, limit or prohibit the right to vote, 
the holder of each special share who, on the record date for 
voting, appears on the records of the corporation as a share- 
holder is entitled to one vote for each share held by him at 
all meetings of the shareholders of the corporation, or such 
greater number of votes for each share respecting such 
matters as the articles provide. R.S.O. 1970, c. 53, s. 112 (2). 



Sec. 113 (d) (iii) business corporations Chap. 54 469 

111. — (1) Where a person holds shares as a personal Pf"o^ai 
representative, that person or his proxy is the person talive 
entitled to vote at all meetings of shareholders in respect 
of the shares so held by him. 

(2) Where a person mortgages or hypothecates his shares, mo^^*"*®®- 
that person or his proxy is the person entitled to vote at all 
meetings of shareholders in respect of such shares unless, 
in the instrument creating the mortgage or hypothec, he 
has expressly empowered the person holding the mortgage 
or hypothec to vote in respect of such shares, in which case, 
subject to the articles, such holder or his proxy is the 
person entitled to vote in respect of the shares. R.S.O. 
1970, c. 53, s. 113. 

112. Where two or more persons hold the same share orJoint^ ^ 
shares jointly, any one of such persons present at a meeting 

of shareholders has the right in the absence of the other 
or others to vote in respect of such share or shares, but, 
if more than one of such persons are present or represented 
by proxy and vote, they shall vote together as one on the 
share or shares jointly held by them. R.S.O. 1970, c. 53, 
s. 114. 

113. In this section and in sections 114 to 119, interpre- 

tation 

(a) "form of proxy" means a written or printed form 
that, upon completion and execution by or on be- 
half of a shareholder, becomes a proxy; 

(b) "information circular" means the circular referred 
to in subsection 116 (1); 

(c) "proxy" means a completed and executed form of 
proxy by means of which a shareholder has ap- 
pointed a person as his nominee to attend and act 
for him and on his behalf at a meeting of share- 
holders ; 

(d) "solicit" and "solicitation" include, 

(i) any request for a proxy whether or not 
accompanied by or included in a form of 
proxy, 

(ii) any request to execute or not to execute a 
form of proxy or to revoke a proxy, 

(iii) the sending or delivery of a form of proxy 
or other communication to a shareholder 



470 Chap. 54 BUSINESS CORPORATIONS Sec. 1 13 (<i) (iii) 

under circumstances reasonably calculated 
to result in the procurement, withholding or 
revocation of a proxy, and 

(iv) the sending or delivery of a form of proxy to 
a shareholder under section US, 

but do not include, 

(v) the sending or delivery of a form of proxy to 
a shareholder in response to an unsolicited 
request made by him or on his behalf, or 

(vi) the performance by any person of ministerial 
acts or professional services on behalf of a 
person soliciting a proxy. R.S.O. 1970, c. 53, 
s. 115. 

Proxies 114. — (1) Every shareholder, including a shareholder that 

is a body corporate, entitled to vote at a meeting of share- 
holders may by means of a proxy appoint a person, who 
need not be a shareholder, as his nominee to attend and 
act at the meeting in the manner, to the extent and with 
the power conferred by the proxy. 

and*^"^^°° (2) A proxy shall be executed by the shareholder or his 

termination attorney authorized in writing or, if the shareholder is a 

body corporate, under its corporate seal or by an officer or 

attorney thereof duly authorized, and ceases to be valid one 

year from its date. 



Contents 



Revocation 



(3) In addition to the requirements, where applicable, of 
section 118, a proxy shall contain the date thereof and the 
appointment and name of the nominee and may contain a 
revocation of a former proxy and restrictions, limitations or 
instructions as to the manner in which the shares in respect 
of which the proxy is given are to be voted or that may be 
necessary to comply with the laws of any jurisdiction in 
which the shares of the corporation are listed on a stock 
exchange or a restriction or limitation as to the number of 
shares in respect of which the proxy is given. 

(4) In addition to revocation in any other manner per- 
mitted by law, a proxy may be revoked by an instrument 
in writing executed by the shareholder or by his attorney 
authorized in writing or, if the shareholder is a body cor- 
porate, under its corporate seal or by an officer or attorney 
thereof duly authorized, and deposited either at the head 
office of the corporation at any time up to and including 
the last business day preceding the day of the meeting, or 



Sec. 116 (2) (fr) BUSINESS CORPORATIONS Chap. 54 471 

any adjournment thereof, at which the proxy is to be used 
or with the chairman of such meeting on the day of the 
meeting, or adjournment thereof, and upon either of such 
deposits the proxy is revoked. 

(5) The directors may by resolution fix a time not Time limit 

,. , •,, , r^ for deposit 

exceeding forty-eight hours, excluding Saturdays and holidays, 
preceding any meeting or adjourned meeting of shareholders 
before which time proxies to be used at that meeting must 
be deposited with the corporation or an agent thereof, 
and any period of time so fixed shall be specified in the 
notice calling the meeting or in the information circular 
relating thereto. R.S.O. 1970, c. 53, s. 116. 

115. Subject to section 117, the management of a cor- Mandajtory 
poration shall, concurrently with giving notice of a meeting of proxies 
of shareholders of the corporation, send by prepaid mail to 
each shareholder who is entitled to vote at such meeting 
at his latest address as shown on the records of the cor- 
poration a form of proxy that complies with section 118 
for use at the meeting. R.S.O. 1970, c. 53, s. 117; 1972, 
c. 138, s. 28. 

116. — (1) Subject to subsection (2) and section 117, noJnJo™ation 
person shall solicit proxies unless, 

(a) in the case of a solicitation by or on behalf of the 
management of a corporation, an information cir- 
cular, either as an appendix to or as a separate 
document accompanying the notice of the meeting, 
is sent by prepaid mail to- each shareholder of the 
corporation whose proxy is solicited at his latest 
address as shown on the records of the corporation ; 
or 

{b) in the case of any other solicitation, the person 
making the solicitation, concurrently with or prior 
thereto, delivers or sends an information circular 
to each shareholder of the corporation whose proxy 
is solicited. R.S.O. 1970, c. 53, s. 118 (1). 

(2) Subsection (1) does not apply to, AppiicaUon 

"^•^ of subs. (1) 

(a) any solicitation, otherwise than by or on behalf of 
the management of a corporation, where the total 
number of shareholders whose proxies are solicited 
is not more than fifteen; 

(b) any solicitation by a person made under section 48 

of the Securities Act; and ^^/I^ ^'*°' 

' c. 466 



472 Chap. 54 business corporations Sec. 116 (2) (c) 

(c) any solicitation by a person in respect of shares of 
which he is the beneficial owner. R.S.O. 1970, 
c. 53, s. 118 (2); 1978, c. 49, s. 5. 

scSicitations ^-^^ Section 247 applies to a solicitation that is subject to 

an offence this section by means of a form of proxy, information 

circular or other communication. R.S.O. 1970, c. 53, s. 118(3). 

Where 1 1 7. — (1) Section 115 and subsection 116 (1) apply only to a 

ss. 115, 116 (1) . ,.-_.. . . , , ,, 

apply corporation that is offering its securities to the public. 

orde'rs'""" (2) Upon the application of any interested person, the 
Commission may, if satisfied that in the circumstances of 
the particular case there is adequate justification for so doing, 
make an order, on such terms and conditions as seem to 
it just and expedient, exempting, in whole or in part, any 
person from the requirements of section 115 or from the 
requirements of subsection 116 (1). R.S.O. 1970, c. 53, s. 119. 

Special 118. Where section 115 or 116 applies to a solicitation of 

form of . 

proxy proxies, 

(a) the form of proxy sent to a shareholder by a person 
soliciting proxies, 

(i) shall indicate in bold-face type or other 
conspicuous manner whether or not the 
proxy is solicited by or on behalf of the 
management of the corporation, and 

(ii) shall provide a specifically designated blank 
space for dating the form of proxy; 

(b) the form of proxy shall provide means whereby 
the person whose proxy is solicited is afforded 
an opportunity to specify that the shares reg- 
istered in his name shall be voted by the nominee 
in favour of or against, in accordance with such 
person's choice, each matter or group of related 
matters identified therein or in the information 
circular as intended to be acted upon, other than 
the appointment of auditors and the fixing of their 
remuneration and the election of directors, but a 
proxy may confer discretionary authority with 
respect to matters as to which a choice is not so 
specified by such means if the form of proxy or the 
information circular states in bold-face type or 
other conspicuous manner how it is intended to vote 
the shares represented by the proxy in each such 
case; 



Sec. 118 (/) BUSINESS CORPORATIONS Chap. 54 473 

(c) a proxy may confer discretionary authority with 
respect to, 

(i) amendments or variations to matters identi- 
fied in the notice of meeting, or 

(ii) other matters that may properly come before 
the meeting, 

but only if, 

(iii) the person by whom or on whose behalf the 
solicitation is made is not aware a reasonable 
time prior to the time the solicitation is made 
that any such amendments, variations or 
other matters are to be presented for action 
at the meeting, and 

(iv) a specific statement is made in the informa- 
tion circular or in the form of proxy that the 
proxy is conferring such discretionary 
authority ; 

(d) no proxy shall confer authority, 

(i) to vote for the election of any person as a 
director of the corporation unless a bona 
fide proposed nominee for such election is 
namai in the information circular, or 

(ii) to vote at any meeting other than the meet- 
ing specified in the notice of meeting or 
any adjournment thereof; 

{e) the information circular or form of proxy shall state 
that the shares represented by the proxy will be 
voted and that, where the person whose proxy 
is solicited specifies a choice with respect to any 
matter to be acted upon under clause (b), the shares 
shall, subject to section 119, be voted in accord- 
ance with the specifications so made; 

(/) the information circular or form of proxy shall 
indicate in bold-face type or other conspicuous 
manner that the shareholder has the right to appoint 
a person to attend and act for him and on his 
behalf at the meeting other than the person, if 
any, designated in the form of proxy, and shall 
contain instructions as to the manner in which 
the shareholder may exercise such right; and 



474 Chap. 54 business corporations Sec. 118(g) 

(g) if the form of proxy contains a designation of a 
named person as nominee, means shall be provided 
whereby the shareholder may designate in a form 
of proxy some other person as his nominee for 
the purpose of subsection 114 (1). R.S.O. 1970, c. 53, 
s. 120; 1972, c. 138, s. 29. 

S?banot'® 119. The chairman at a meeting has the right not to 

not required conduct a vote by Way of ballot on any matter or group 
of matters in connection with which the form of proxy has 
provided a means whereby the person whose proxy is 
solicited may specify how such person wishes the shares 
registered in his name to be voted unless, 

(a) a poll is demanded by any shareholder present 
at the meeting in person or represented thereat by 
proxy; or 

(&) proxies requiring that the shares represented thereby 
be voted against what would otherwise be the 
decision of the meeting in relation to such matters 
or group of matters total more than 5 per cent 
of all the voting rights attaching to all the shares 
entitled to be voted and be represented at the 
meeting. 1971, c. 26, s. 19. 



■:ri !«! DIRECTORS AND OFFICERS 

Directors 

dire^ora 120. — (1) Every corporation shall have a board of directors 

however designated. 

Composition (2) The board of directors shall consist of a fixed number 
of directors, 

(a) in the case of a corporation that is not offering 
its securities to the public, of at least one; and 

(b) in the case of a corporation that is offering its 
securities to the public, of not fewer than three, 
of whom at least two shall not be officers or 
employees of the corporation or of any affiliate of 
the corporation. R.S.O. 1970, c. 53, s. 122. 

h 
Directors (3) A majority of directors on the board of directors 

resident of every corporation other than a non-resident corporation 

shall be resident Canadians. 1974, c. 26, s. 2. 



Sec. 124 (1) BUSINESS CORPORATIONS Chap. 54 475 

121. — (1) Each of the persons named as first directors ^i"' 
in the articles of a corporation is a director of the corporation 
until replaced by a person duly elected or appointed in 
his stead. 

(2) The first directors of a corporation have all the powers i^®™ 
and duties and are subject to all the liabilities of directors. 
R.S.O. 1970. c. 53. s. 123. 



122. — (1) A corporation may by special by-law increase ^^^J^^.^", 
or, subject to subsection 120 (2), decrease the number of its direc- directors 
tors as set out in its articles. 

(2) The corporation shall file with the Minister a certified ^1"^°^ 
copy of the by-law within ten days after the by-law has 

been confirmed by the shareholders. 

(3) Failure to comply with subsection (2) does not affect the^*"'^*^ 
validity of the by-law. R.S.O. 1970, c. 53, s. 124. 

123. — (1) No person under eighteen years of age shall ^8;|o^ 
be a director of a corporation. R.S.O. 1970, c. 53, s.'125 (1) ; 
1971, c. 98, s. 4, Sched., par. 4. 

(2) No undischarged bankrupt or mentally incompetent Q*^*!!^"^- 
person shall be a director, and, if a director becomes a 
bankrupt or a mentally incompetent f)erson, he thereupon 
ceases to be a director. 

(3) A person who is elected or appointed a director is Consent 
not a director unless, 

(a) he was present at the meeting when he was elected 
or appointed and did not refuse at the meeting to 
act as director ; 

(b) where he was not present at the meeting when he 
was elected or appointed, he consented to act as 
director in writing before his election or appoint- 
ment or within ten days thereafter. 

(4) For the purposes of subsection (3), a person who is ^^^^ 
elected or appointed as director and refuses under clause (3) (a) or 
fails to consent under clause (3) (b) shall be deemed not to have 
been elected or appointed as a director. R.S.O. 1970, c. 53, 

s. 125 (2-4). 

124. — (1) The directors shall be elected by the share- g^tj^^of 
holders in general meeting, and the election shall be by ballot 



476 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 124 (1) 



Idem 



or in such other manner as the by-laws of the corporation 
prescribe. 

(2) The election of directors shall take place yearly, or 
at such other interval not exceeding five years as is pro- 
vided by the articles, and all the directors then in office 
shall retire, but, if qualified, are eligible for re-election. 

Si°offlce**°°^ (3) If an election of directors is not held within the pre- 
scribed period, the directors continue in office until their 
successors are elected. 



Rotation 
of directors 



(4) The articles may provide for the election and retire- 
ment of directors in rotation, but in that case no director 
shall be elected for a term of more than five years and at 
least three directors shall retire from office in each year. 
R.S.O. 1970, c. 53, s. 126. 

terms^^^*^ (5) It shall not be necessary for all directors to hold 

office for the same term. 1972, c. 138, s. 31. 



125. The articles or a special by-law of a corporation 



Cumulative 
voting for 

directors may provide that, 



(a) every shareholder entitled to vote at an election of 
directors has the right to cast thereat a number of 
votes equal to the number of votes attached to the 
shares held by him multiplied by the number of 
directors to be elected, and he may cast all such 
votes in favour of one candidate or distribute them 
among the candidates in such manner as he sees 
fit; and 

(6) where he has voted for more than one candidate 
without specifying the distribution of his votes 
among such candidates, he shall be deemed to have 
divided his votes equally among the candidates for 
whom he voted. R.S.O. 1970, c. 53, s. 127. 



Vacancies 



Increase 



126. — (1) Subject to subsections (2), (3) and (4), where a 
vacancy occurs in the board and a quorum of directors 
remains, the directors remaining in office may appoint a quali- 
fied person to fill the vacancy for the remainder of the 
term but the articles may provide that such vacancy 
may only be filled by election at a general meeting of the 
shareholders duly called for that purpose. 

(2) Where the number of directors is increased, the 
vacancies resulting from such increase shall only be filled 
by election at a general meeting of the shareholders duly 
called for that purpose. 



•Sec. 128(3) BUSINESS CORPORATIONS Chap. 54 47-7 

(3) Where part of the board of directors has been elected by the ^^^ ^y 
holders of the shares of a class of special shares as provided in '^i.^^of 

^ ^ shareholders 

clause 26(1) id), and a vacancy occurs in that part of the board, the 
remaining directors or director, if any, in that part of the board 
may appoint a qualified person to fill the vacancy for the remain- 
der of the term, and, if there is no such remaining director, the 
holders of that class of shares at a meeting thereof that may be 
called by any holder of shares of that class may elect a qualified 
person to fill the vacancy for the remainder of the term but the 
articles may provide that such vacancy may only be filled by 
election at a general meeting of the holders of that class of shares 
duly called for that purpose. 1972, c. 138, s. 32. 

(4) When there is not a quorum of directors in office, the "eni. 
director or directors then in office shall forthwith call a quorum 
general meeting of the shareholders to fill the vacancies, 

and, in default or if there are no directors then in office, the 
meeting may be called by any shareholder. R.S.O. 1970, 
c. 53, s. 128 (3). 



127. Unless the articles or by-laws otherwise provide, aQ'^orumof 

,,,,-,. . directors 

majority of the board of directors constitutes a quorum, but 
in no case shall a quorum be less than two-fifths of the 
board of directors or two directors, whichever is the greater. 
R.S.O. 1970, c. 53, s. 129. 



128. — (1) Subject to subsection (2), the meetings of the Plaice of 
board of directors and the executive committee shall be held 
at the place where the head office of the corporation is 
located. R.S.O. 1970, c. 53, s. 130 (1). 

(2) Where the by-laws of the corporation so provide, ^'^^p^^o'^ 
the meetings of the board of directors and of the executive 
committee may be held at any place within or outside 
Ontario, but, except where the corporation is a non- 
resident corporation, in any financial year of the cor- 
poration a majority of the meetings of the board of 
directors and a majority of the meetings of the executive 
committee shall be held at a place within Canada. 1974, 

c. 26, s. 3. 

(3) Subject to the by-laws of the corporation, where all*^|'|^|j^g**y 
the directors have consented thereto, any director may 
participate in a meeting of the board of directors or of the 
executive committee by means of conference telephone or 

other communications equipment by means of which all 
persons participating in the meeting can hear each other, 
and a director participating in a meeting pursuant to this 



478 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 128 (3) 



Place of 
meeting by 
telephone 



subsection shall be deemed for the purposes of this Act 
to be present in person at that meeting. 1972, c. 138, s. 33 (2). 

(4) If a majority of the directors participating in a 
meeting held pursuant to subsection (3) are then in Canada, 
the meeting shall be deemed to have been held in Canada. 
1972, c. 138, s. 33 (3). 



Calling 
meetings 
of directors 



Notice 



129. — (1) In addition to any other provision in the articles 
or by-laws of a corporation for calling meetings of directors, 
a quorum of the directors may, at any time, call a meeting 
of the directors for the transaction of any business the 
general nature of which is specified in the notice calling the 
meeting. 

(2) In the absence of any other provision in that behalf in 
the by-laws of the corporation, notice of the time and place 
for the holding of the meeting called under subsection (1) shall 
be given to every director of the corporation by sending 
the notice by prepaid mail ten days or more before the 
date of the meeting to his latest address as shown on the 
records of the corporation. R.S.O. 1970, c. 53, s. 131. 



Duties 



Conduct of 
business 



130. — (1) The board of directors shall manage or super- 
vise the management of the affairs and business of the cor- 
poration. R.S.O. 1970, c. 53, s. 132 (1). 

(2) Subject to section 131 and subsection 22 (1), no business of a 
corporation shall be transacted by its board of directors except at a 
meeting of directors at which a quorum of the board is present 
and, except where the corporation is a non-resident corporation, 
at which a majority of the directors present are resident Cana- 
dians. 1974, c. 26, s. 4. 



Idem (3) Where there is a vacancy or vacancies in the board 

of directors, the remaining directors may exercise all the 
powers of the board so long as a quorum of the board 
remains in office. R.S.O. 1970, c. 53, s. 132 (3). 



Executive 
committee 



131. — (1) Where the number of directors of a corporation 
is more than six, and if authorized by a special by-law, 
the directors may elect from among their number an 
executive committee consisting of not fewer than three of 
whom, except where the corporation is a non-resident 
corporation, a majority shall be resident Canadians and 
the directors may delegate to the executive committee 
any powers of the board of directors, subject to the 
restrictions, if any, contained in the by-law or imposed from 
time to time by the directors. 1974, c. 26, s. 5 (1). 



Sec. 132 (3) BUSINESS CORPORATIONS Chap. 54 479 

(2) An executive committee may fix its quorum, which Quorum 
shall be not less than a majority of its members. R.S.O. 
1970, c. 53, s. 133 (2). 

(3) No business shall be transacted by an executive ^^^^^^ °f 
committee except at a meeting of its members at which 

a quorum of the executive committee is present and, 
except where the corporation is a non-resident corporation, 
at which a majority of the members present are resident 
Canadians. 1974, c. 26, s. 5 (2). 

132. — (1) Every director of a corporation who has, directly °*^^osure by 
or indirectly, any interest in any contract or transaction interest in 
to which the corporation or a subsidiary thereof is or is to 
be a party, other than a contract or transaction in which 
his interest is limited solely to his remuneration as a director, 
officer or employee, shall declare his interest in such contract 
or transaction at a meeting of the directors of the corporation 
and shall at that time disclose the nature and extent of 
such interest including, as to any contract or transaction 
involving the purchase or sale of property by or to the 
corporation or a subsidiary thereof, the cost of the property 
to the purchaser and the cost thereof to the seller, if acquired 
by the seller within five years before the date of the contract 
or transaction, to the extent to which such interest or infor- 
mation is within his knowledge or control, and shall not vote 
and shall not in respect of such contract or transaction be 
counted in the quorum. 1972, c. 138, s. 36 (1), part. 



(2) Subsection (1) does not require the disclosure of any^^*"®^^ 
interest in any contract or transaction unless the interest material 
and the contract or transaction are both material. R.S.O. 

1970. c. 53, s. 134 (2). 

(3) The declaration required by this section shall be made when 

^ ' ^ J declaration 

at the meeting of the directors at which the proposed of interest 
contract or transaction is first considered, or if the director 
is not at the date of the meeting interested in the proposed 
contract or transaction, at the next meeting of the directors 
held after he becomes so interested, or if the director 
becomes interested in a contract or transaction after it is 
entered into, at the first meeting* of the directors held 
after he becomes so interested, or if a contract or a pro- 
posed contract or transaction is one that in the ordinary 
course of the corporation's business, would not require 
approval by the directors or shareholders, at the first 
meeting of the directors held after the director becomes 
aware of it. 1972, c. 138, s. 36 (1), part. 



480 



Chap. 54 



BUSINESS CORPORATIONS 



Sec. 132 (4) 



Effect of 
declaration 



(4) If a director has made a declaration and disclosure 
of his interest in a contract or transaction in compliance 
with this section and has not voted in respect of the con- 
tract or transaction at the meeting of the directors of the 
corporation, the director, if he was acting honestly and in 
good faith at the time the contract or transaction was 
entered into, is not by reason only of his holding the office 
of director accountable to the corporation or to its share- 
holders for any profit or gain realized from the contract or 
transaction, and the contract or transaction, if it was in 
the best interest of the corporation at the time the contract 
or transaction was entered into, is not voidable by reason 
only of the director's interest therein. 1971, c. 26, s. 20. 



tion^by** (^^ Notwithstanding anything in this section, a director, 

shareholders if he was acting honcstly and in good faith, is not account- 
able to the corporation or to its shareholders for any profit 
or gain realized from any such contract or transaction 
by reason only of his holding the office of director, and the 
contract or transaction, if it was in the best interest of the 
corporation at the time it was entered into, is not by reason 
only of the director's interest therein voidable, 

(a) if the contract or transaction is confirmed or ap- 
proved by at least two-thirds of the votes cast at a 
general meeting of the shareholders duly called for 
that purpose ; and 

(b) if the nature and extent of the director's interest 
in the contract or transaction are declared and 
disclosed in reasonable detail in the notice calling 

!a the meeting or in the information circular required 

by section 116. R.S.O. 1970, c. 53, s. 134 (5). 



General 
notice of 
Interest 



(6) For the purposes of this section, a general notice to 
the directors by a director declaring that he is a director 
or officer of or has a material interest in a person that is a 
party to a contract or proposed contract with the cor- 
poration is a sufficient declaration of interest in relation 
to any contract so made. 1972, c. 138, s. 36 (2). 



Liability 
of directors 
re purchase 
of shares 



133. — (1) Where any shares of a corporation are acquired 
by it by redemption, purchase or acceptance for surrender 
in contravention of this Act or the articles, the directors 
who voted in favour of or consented to the resolution 
authorizing the redemption, purchase or acceptance for sur- 
render are jointly and severally liable to the corporation to 
the extent of the amount paid for the acquisition of the 
shares. 



Sec. 135 (1) (b) BUSINESS corporations Chap. 54 481 

(2) Where any shares of a corporation are acquired by it^PP^J^^^^^ 
by redemption, purchase or surrender in contravention of 
this Act or the articles, 

(a) any shareholder of the corporation; or 

(b) where the acquisition is in contravention of sub- 
section 37 (1), subsection 38 (3) or section 98 any creditor 
of the corporation who was a creditor at the time of the 
acquisition, 

may apply to the court within two years of the acquisition, 
and the court may, if it considers it to be just and equitable 
under the circumstances, make an order making any share- 
holder whose shares were acquired liable to the corporation, 
jointly and severally with the directors, to the extent of the 
amount paid to him for his shares. R.S.O. 1970, c. 53, 
s. 135. 

134. Where any dividend is declared and paid in con- Jj-^^^^^^j^y j^ 
travention of section 146 or 147, re dividends 

{a) the directors who voted in favour of or consented to 
the resolution authorizing the declaration of the 
dividend are jointly and severally liable to the cor- 
poration to the extent of the amount of the dividend 
so declared and paid or such part thereof as renders 
the corporation insolvent or diminishes its capital; 
and 

(b) any shareholder of the corporation or any creditor 
of the corporation who was a creditor at the time 
of the declaration of the dividend may apply to 
the court within two years of the declaration, and 
the court may, if it considers it to be just and 
equitable under the circumstances, make an order 
making any shareholder to whom the dividend is 
paid jointly and severally liable with the directors 
to the extent of the amount of the dividend paid 
to him. R.S.O. 1970, c. 53, s. 136. 

135. — (1) A director who was present at a meeting of theCoosentof 
board of directors or an executive committee thereof when, meeting 

(a) the redemption, purchase or acceptance for sur- 
render of shares of the corporation is authorized; 

(b) the declaration and payment of a dividend is 
authorized; or 



482 Chap. 54 business corporations Sec. 135 (1) (c) 

(c) a loan mentioned in section 144 is authorized, 
shall be deemed to have consented thereto unless, 

(d) his dissent is entered in the minutes of the meeting; 

(e) he files his written dissent with the person acting 
as secretary of the meeting before its adjournment; 
or 

(/) he delivers or sends his dissent by registered mail 
to the corporation immediately after the adjourn- 
ment of the meeting, 



and within seven days after complying vvith clause (d), (e) or (/) he 
sends a copy of his dissent by registered mail to the Minis- 
ter. R.S.O. 1970, c. 53, s. 137 (1); 1971, c. 26, s. 21 (1). 



Mem (2) A director who voted in favour of a matter referred to in 

subsection (1) is not entitled to dissent under subsection 
(1). R.S.O. 1970, c. 53, s. 137 (2). 



Consent of 
director 
not at 
meeting 



(3) A director who was not present at a meeting of the 
board of directors or any executive committee thereof when, 

(a) the redemption, purchase or acceptance for sur- 
render of shares of the corporation is authorized ; 

(b) the declaration and payment of a dividend is author- 
ized; or 

(c) a loan mentioned in section 144 is authorized, 
shall be deemed to have consented thereto unless, 

(d) he delivers or sends to the corporation by registered 
mail his dissent; or 

(e) he causes his dissent to be filed with the minutes 
of the meeting, 

within seven days after he becomes aware of the author- 
ization referred to in clause (a) , (6) or (c) and unless, within seven 
days after complying with clause (d) or (e), he sends a copy of his 
dissent by registered mail to the Minister. R.S.O. 1970, c. 53, 
s. 137 (3); 1971, c. 26, s. 21 (2). 



Sec. 137 (4) BUSINESS CORPORATIONS Chap. 54 483 

136. — (1) A director is not liable under section 133, 134 Exception 

.... . , , . , , , . , to liability 

or 144 if, in the circumstances, he discharged his duty to 
the corporation in accordance with section 142. 

(2) The liability imposed by this Act upon a director is in ^0***""^ 
addition to any other liability that is by law imposed upon excluded 
him. R.S.O. 1970, c. 53, s. 138. 

137. — (1) The directors of a corporation are jointly and V'^biiitv of 

„ ,. ' , , - , . , directors 

severally liable to the employees of the corporation to whom for wages 
the Master and Servant Act applies for all debts that become R so. i980, 

CC2S7137 

due while they are directors for services performed for the 
corporation, not exceeding six months wages, and for the 
vacation pay accrued for not more than twelve months under 
the Employment Standards Act, and t